1. (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 Section 56-29-30 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.

2. (B) Seizure of property described in subsection (A) of this section may be made by a member of a state or local law enforcement agency without process if:

   1. (1) it is in accordance with any applicable law or regulation;
   2. (2) the seizure is incident to inspection under an administrative inspection warrant;
   3. (3) the seizure is incident to search made under a search warrant;
   4. (4) the seizure is incident to a lawful arrest;
   5. (5) the seizure is made pursuant to a valid consent to search;
   6. (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 Section 56-29-60; or
   7. (7) there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.

3. (C) When property is seized under this section, the seizing agency may:

   1. (1) place the property under seal; or
   2. (2) remove the property to a place selected and designated by the seizing agency.

HISTORY: 1987 Act No. 16, Section 5.