§ 4242 - Seizure
§ 4242. Seizure
(a) The court may issue at the request of the state ex parte a preliminary order or process to seize or secure property for which forfeiture is sought and to provide for its custody. Process for seizure of such property shall issue only upon a showing of probable cause that the property is subject to forfeiture. Application therefor and issuance, execution and return shall be subject to provisions of applicable law.
(b) Any property subject to forfeiture under this subchapter may be seized upon process. Seizure without process may be made when
(1) the seizure is incident to an arrest with probable cause or a search under a valid search warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding under this subchapter; or
(3) the seizure is incident to a valid warrantless search.
(c) If property is seized without process under subdivisions (b)(1) or (3) of this section, the state shall forthwith petition the court for a preliminary order or process under subsection (a) of this section.
(d) All regulated drugs the possession of which is prohibited under this chapter are contraband and shall be automatically forfeited to the state and destroyed. (Added 1985, No. 174 (Adj. Sess.), § 2; amended 1987, No. 42.)