2006 Utah Code - 32A-13-103 — Searches, seizures, and forfeitures.

     32A-13-103.   Searches, seizures, and forfeitures.
     (1) The following are subject to forfeiture pursuant to the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act:
     (a) all alcoholic products possessed, used, offered for sale, sold, given, furnished, supplied, received, purchased, stored, warehoused, manufactured, adulterated, shipped, carried, transported, or distributed in violation of this title or commission rules;
     (b) all packages or property used or intended for use as a container for an alcoholic product in violation of this title or commission rules;
     (c) all raw materials, products, and equipment used, or intended for use, in manufacturing, processing, adulterating, delivering, importing, or exporting any alcoholic product in violation of this title or commission rules;
     (d) all implements, furniture, fixtures, or other personal property used or kept for any violation of this title or commission rules;
     (e) all conveyances including aircraft, vehicles, or vessels used or intended for use, to transport or in any manner facilitate the transportation, sale, receipt, possession, or concealment of property described in Subsection (1)(a), (b), (c), or (d); and
     (f) all books, records, receipts, ledgers, or other documents used or intended for use in violation of this title or commission rules.
     (2) Any of the property subject to forfeiture under this title may be seized by any peace officer of this state or any other person authorized by law upon process issued by any court having jurisdiction over the property in accordance with the procedures provided in Title 77, Chapter 23, Part 2, Search Warrants. However, seizure without process may be made when:
     (a) the seizure is incident to an arrest or search under a search warrant or an inspection under an administrative inspection warrant;
     (b) the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this title;
     (c) the peace officer or other person authorized by law has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
     (d) the peace officer or other person authorized by law has probable cause to believe that the property is being or has been used, intended to be used, held, or kept in violation of this title or commission rules.
     (3) If the property is seized pursuant to a search or administrative warrant, the peace officer or other person authorized by law shall make a proper receipt, return, and inventory and ensure the safekeeping of the property as required by Sections 77-23-206 through 77-23-208. If the magistrate who issued the warrant is a justice court judge, upon the filing of the return the jurisdiction of the justice court shall cease and the magistrate shall certify the record and all files without delay to the district court of the county in which the property was located. From the time of this filing, the district court has jurisdiction of the case.
     (4) In the event of seizure of property without process, the peace officer or other person authorized by law shall make a return of his acts without delay directly to the district court of the county in which the property was located, and the district court shall have jurisdiction of the case. The return shall describe all property seized, the place where it was seized, and any persons in apparent possession of the property. The officer or other person shall also promptly deliver a written inventory of anything seized to any person in apparent authority at the premises where the seizure was made, or post it in a conspicuous place at the premises. The inventory shall state the

place where the property is being held.
     (5) Property taken or detained under this section is not repleviable but is considered in custody of the law enforcement agency making the seizure subject only to the orders of the court or the official having jurisdiction. When property is seized under this title, the appropriate person or agency may:
     (a) place the property under seal;
     (b) remove the property to a place designated by it or the warrant under which it was seized; or
     (c) take custody of the property and remove it to an appropriate location for disposition in accordance with law.
     (6) When any property is subject to forfeiture under this section, proceedings shall be instituted in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
     (7) When any property is ordered forfeited under Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, by a finding of the court that no person is entitled to recover the property, the property, if an alcoholic product or a package used as a container for an alcoholic product, shall be disposed of as follows:
     (a) If the alcoholic product is unadulterated, pure, and free from crude, unrectified, or impure form of ethylic alcohol, or any other deleterious substance or liquid, and is otherwise in saleable condition, sold in accordance with Section 24-1-16.
     (b) If the alcoholic product is impure, adulterated, or otherwise unfit for sale, it and its package or container shall be destroyed by the department under competent supervision.

Amended by Chapter 185, 2002 General Session