Title 16, Chapter 8, Section 84
( 16-8-84)
(a) Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction. (b) Seizure of property described in subsection (a) of this Code
section may be made by a member of a state or local law enforcement
agency without process if: (1) The seizure is made in accordance with any applicable law or
regulation; (2) The seizure is incident to inspection under an administrative
inspection warrant; (3) The seizure is incident to a search made under a search
warrant; (4) The seizure is incident to a lawful arrest; (5) The seizure is made pursuant to a valid consent to search; (6) The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under Code Section 16-8-86; or (7) There are reasonable grounds to believe that the property is
directly or indirectly dangerous to the health or safety of the
public. (c) When property is seized pursuant to this Code section, the
seizing agency may: (1) Place the property under seal; or (2) Remove the property to a place selected and designated by the
seizing agency. |