76-10-1908 - Forfeiture -- Grounds -- Procedure -- Disposition of property seized.
76-10-1908. Forfeiture -- Grounds -- Procedure -- Disposition of property seized.
(1) (a) Any of the following property shall be subject to civil or criminal forfeiture:
(i) any conveyance including vehicles, aircraft, watercraft, or other vessel used inviolation of Section 76-10-1904; and
(ii) any property which is the net proceeds of a violation of Section 76-10-1903,76-10-1904, or 76-10-1906.
(b) For purposes of this section, the "net proceeds" of an offense means property acquiredas a result of the violation minus the direct costs of acquiring the property.
(2) Property subject to forfeiture under Subsection (1) may be seized by any peace officerof this state upon process issued by any court having jurisdiction over the property. However,seizure without process may be made when:
(a) the seizure is incident to an arrest or search under a search warrant, an inspectionunder an administrative inspection warrant, under a writ of attachment, or under a writ ofgarnishment;
(b) the property subject to seizure has been the subject of a prior judgment in favor of thestate in a criminal injunction or forfeiture proceeding under this section; or
(c) the peace officer has probable cause to believe that the property has been used inviolation of Section 76-10-1903, 76-10-1904, or 76-10-1906.
(3) Forfeiture proceedings under this section shall be commenced in accordance with theprocedures and substantive protections of Title 24, Chapter 1, Utah Uniform ForfeitureProcedures Act.
(4) Property taken or detained under this section is not repleviable but is in custody of thelaw enforcement agency making the seizure, subject only to the orders and decrees of the court orthe official having jurisdiction. When property is seized under this chapter, the appropriateperson or agency may:
(a) place the property under seal;
(b) remove the property to a place designated by it or the warrant under which it wasseized; or
(c) take custody of the property and remove it to an appropriate location for disposition inaccordance with law.
Amended by Chapter 185, 2002 General Session