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2017 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 4 - Motor Vehicle Chop Shops and Stolen and Altered Property
§ 16-8-84. Seizure of personal property used or possessed in connection with violation of Code Section 16-8-83
Universal Citation: GA Code § 16-8-84 (2017)
- (a) Any tool, implement, or instrumentality, including, but not limited to, a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
- (b) Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if:
- (1) The seizure is made in accordance with any applicable law or regulation;
- (2) The seizure is incident to inspection under an administrative inspection warrant;
- (3) The seizure is incident to a search made under a search warrant;
- (4) The seizure is incident to a lawful arrest;
- (5) The seizure is made pursuant to a valid consent to search;
- (6) The property seized has been the subject of a prior judgment in favor of the state in a criminal proceeding or in an injunction or forfeiture proceeding under Code Section 16-8-86; or
- (7) There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public.
- (c) When property is seized pursuant to this Code section, the seizing agency may:
- (1) Place the property under seal; or
- (2) Remove the property to a place selected and designated by the seizing agency.
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