Seizure procedure; custody
Sec. 2. (a) Property may be seized under this chapter by a law
enforcement officer only if:
(1) the seizure is incident to a lawful:
(A) arrest;
(B) search; or
(C) administrative inspection;
(2) the property has been the subject of a prior judgment in
favor of the state or unit in a proceeding under this chapter (or
IC 34-4-30.1 before its repeal); or
(3) a court, after making an ex parte determination that there is
probable cause to believe the property is subject to seizure
under this chapter, issues an order for seizure.
(b) When property is seized under subsection (a), the law
enforcement agency making the seizure may, pending final
disposition:
(1) place the property under seal;
(2) remove the property to a place designated by the court; or
(3) require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(c) Property that is seized under subsection (a) (or
IC 34-4-30.1-2(a) before its repeal) is not subject to replevin but is
considered to be in the custody of the law enforcement agency
making the seizure.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006