US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 28
                             CRIMINAL FORFEITURES
    37-2805.  PRESERVATION OF PROPERTY -- WARRANT OF SEIZURE -- PROTECTIVE
ORDERS. (1) Upon application of the state of Idaho, the court may enter a
restraining order or injunction, require the execution of a satisfactory
performance bond, or take any other action to preserve the availability of
property described in section 37-2801, Idaho Code, for forfeiture under this
chapter upon the filing of an indictment or information charging a violation
of the uniform controlled substance act for which criminal forfeiture may be
ordered and alleging that the property with respect to which the order is
sought would, in the event of conviction, be subject to forfeiture under this
chapter.
    (2)  The state may request the issuance of a warrant authorizing the
seizure of property subject to forfeiture under this chapter in the same
manner as provided for a search warrant. If the court determines that there is
probable cause to believe that the property to be seized would, in the event
of conviction, be subject to forfeiture and that an order under subsection (1)
of this section may not be sufficient to assure the availability of the
property for forfeiture, the court shall issue a warrant authorizing the
seizure of such property by the appropriate law enforcement agency upon such
terms and conditions as the court shall deem proper.
    (3)  The court may, upon application of the state of Idaho, enter such
appropriate restraining orders or injunctions, require the execution of
satisfactory performance bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect the interest of
the state of Idaho in the property subject to forfeiture. Any income accruing
to or derived from property subject to forfeiture under this chapter may be
used to offset ordinary and necessary expenses to the property which are
required by law, or which are necessary to protect the interests of the state
of Idaho or third parties.