Current through 2024 Legislative Session
Section 39-30-03 - Seizure of equipment1. Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part, used or possessed in connection with any violation of section 39-30-02 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.2. Seizure of property described in subsection 1 may be made by a member of a state or local law enforcement agency without process: a. If in accordance with any applicable law or regulation;b. If the seizure is incident to inspection under an administrative inspection warrant;c. If the seizure is incident to search made under a search warrant;d. If the seizure is incident to a lawful arrest;e. If the seizure is made pursuant to a valid consent to search;f. If 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 39-30-05; org. If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.3. When property is seized under this section, the seizing agency may: a. Place the property under seal; orb. Remove the property to a place selected and designated by the seizing party.