2010 Utah Code
Title 41 - Motor Vehicles
Chapter 06a - Traffic Code
41-6a-211 - Vehicle subject to forfeiture -- Seizure -- Procedure.

41-6a-211. Vehicle subject to forfeiture -- Seizure -- Procedure.
(1) Any conveyance, including a vehicle, aircraft, water craft, or other vessel used in violation of Section 41-6a-210, is subject to forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(2) Property subject to forfeiture under this section may be seized by a peace officer:
(a) upon notice and service of process issued by a court having jurisdiction over the property; or
(b) without notice and service of process if:
(i) the seizure is incident to an arrest under a search warrant or an inspection under an administrative inspection warrant;
(ii) 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 section; or
(iii) the peace officer has probable cause to believe that the property has been used in violation of the provisions of Section 41-6a-210.
(3) (a) Property taken or detained under this section is not repleviable but is in custody of the law enforcement agency making the seizure, subject only to the orders and decrees of the court or the official having jurisdiction.
(b) When property is seized under this section, the appropriate person or agency may:
(i) place the property under seal;
(ii) remove the property to a place designated by the warrant under which it was seized; or
(iii) take custody of the property and remove it to an appropriate location for disposition in accordance with law.

Renumbered and Amended by Chapter 2, 2005 General Session