Seizure without process of tool, implement, or instrumentality of offense - Disposition of seized property

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 3 of this act 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 section may be made by a member of a state or local law enforcement agency without process if: 1. 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 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 Section 6 of this act; or 7. there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety. C. When property is seized under this 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. Added by Laws 1988, c. 158, § 4, operative July 1, 1988.