41-6a-211 - Vehicle subject to forfeiture -- Seizure -- Procedure. - Utah Statutes

41-6a-211. Vehicle subject to forfeiture -- Seizure -- Procedure.
(1) Any conveyance, including a vehicle, aircraft, water craft, or other vessel used inviolation of Section 41-6a-210, is subject to forfeiture under the procedures and substantiveprotections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(2) Property subject to forfeiture under this section may be seized by a peace officer:
(a) upon notice and service of process issued by a court having jurisdiction over theproperty; or
(b) without notice and service of process if:
(i) the seizure is incident to an arrest under a search warrant or an inspection under anadministrative inspection warrant;
(ii) 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
(iii) the peace officer has probable cause to believe that the property has been used inviolation of the provisions of Section 41-6a-210.
(3) (a) Property taken or detained under this section is not repleviable but is in custody ofthe law enforcement agency making the seizure, subject only to the orders and decrees of thecourt or the official having jurisdiction.
(b) When property is seized under this section, the appropriate person or agency may:
(i) place the property under seal;
(ii) remove the property to a place designated by the warrant under which it was seized;or
(iii) take custody of the property and remove it to an appropriate location for dispositionin accordance with law.

Renumbered and Amended by Chapter 2, 2005 General Session