2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 33 - Forfeitures
Part 1 - Forfeiture of Conveyances
40-33-104 - Replevin prohibited Duty of seizing authority.

40-33-104. Replevin prohibited Duty of seizing authority.

(a)  A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, or constable subject only to the orders and decrees of the circuit or criminal court.

(b)  When a conveyance is seized under this part, the seizing authority may:

     (1)  Place the conveyance under seal;

     (2)  Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or

     (3)  Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.

[Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007, ch. 106, § 2.]