Section 23A-49-4 – Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception.
23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in […]
Section 23A-49-5 – Item not subject to forfeiture for act or omission without owner’s knowledge or consent.
23A-49-5. Item not subject to forfeiture for act or omission without owner’s knowledge or consent. To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been […]
Section 23A-49-6 – Victim protected against forfeiture by victim immunity.
23A-49-6. Victim protected against forfeiture by victim immunity. Any victim of a crime as described in the provisions of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected against loss of property through forfeiture by victim immunity as described in §22-48-2. Source: SL 2016, ch 138, §6.
Section 23A-49-7 – Seizure of property by court process.
23A-49-7. Seizure of property by court process. Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138, §7.
Section 23A-49-8 – Seizure of property without court process.
23A-49-8. Seizure of property without court process. The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if: (1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2)The property subject to seizure […]