Seizure of property subject to forfeiture; requisites; custody;
limitation of actions
Sec. 4. (a) Property subject to forfeiture under this chapter shall
be seized by a law enforcement officer upon court order. Seizure may
be made without a court order only if:
(1) the seizure is incident to a lawful arrest or search, or to an
inspection under an administrative inspection warrant; or
(2) the property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
under this chapter (or IC 34-4-30.5 before its repeal).
(b) When property is seized under subsection (a), pending
forfeiture and final disposition, the law enforcement officer making
the seizure may:
(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 seized under subsection (a) (or IC 34-4-30.5-4(a)
before its repeal) is not subject to replevin, but is considered to be in
the custody of the law enforcement officer making the seizure,
subject only to order of the court. However, if a seizure of property
is made in accordance with subsection (a), the prosecuting attorney
or the inspector general shall bring an action for forfeiture under
section 2 of this chapter within:
(1) thirty (30) days after receiving notice from any person
claiming a right, title, or interest in the property; or
(2) one hundred eighty (180) days after the property is seized;
whichever occurs first.
(d) If an action under subsection (c) is not filed within thirty (30)
days after receiving notice from any person claiming a right, title, or
interest in the property, the claimant:
(1) is entitled to file a complaint seeking:
(A) replevin;
(B) foreclosure; or
(C) other appropriate remedy; and
(2) shall immediately obtain a hearing on the complaint as
provided in subsection (f).
If an action is not filed within one hundred eighty (180) days after
the date of the seizure, and the property has not been previously
released to an innocent person under section 5 of this chapter (or
IC 34-4-30.5-4.5 before its repeal), the law enforcement agency
whose officer made the seizure shall return the property to its owner.
(e) If property is seized under subsection (a) (or IC 34-4-30.5-4(a)
before its repeal) and the property is a vehicle or real property, the
prosecuting attorney or the inspector general shall serve, within thirty
(30) days after the date the property is seized and as provided by the
Indiana Rules of Trial Procedure, notice of seizure upon each person
whose right, title, or interest is of record in the bureau of motor
vehicles, in the county recorder's office, or other office authorized to
receive or record vehicle or real property ownership interests.
(f) The person whose right, title, or interest is of record may at
any time file a complaint seeking:
(1) replevin;
(2) foreclosure; or
(3) another appropriate remedy;
to which the state may answer in forfeiture within the appropriate
statutory period. The court shall promptly set the matter for a
hearing, and in the case of replevin or foreclosure, the court shall set
the hearing as provided by the applicable statutory provisions.
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005,
SEC.42.
Last modified: May 24, 2006