2010 Utah Code
Title 76 - Utah Criminal Code
Chapter 10 - Offenses Against Public Health, Safety, Welfare, and Morals
76-10-1908 - Forfeiture -- Grounds -- Procedure -- Disposition of property seized.

76-10-1908. Forfeiture -- Grounds -- Procedure -- Disposition of property seized.
(1) (a) Any of the following property shall be subject to civil or criminal forfeiture:
(i) any conveyance including vehicles, aircraft, watercraft, or other vessel used in violation of Section 76-10-1904; and
(ii) any property which is the net proceeds of a violation of Section 76-10-1903, 76-10-1904, or 76-10-1906.
(b) For purposes of this section, the "net proceeds" of an offense means property acquired as a result of the violation minus the direct costs of acquiring the property.
(2) Property subject to forfeiture under Subsection (1) may be seized by any peace officer of this state upon process issued by any court having jurisdiction over the property. However, seizure without process may be made when:
(a) the seizure is incident to an arrest or search under a search warrant, an inspection under an administrative inspection warrant, under a writ of attachment, or under a writ of garnishment;
(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 section; or
(c) the peace officer has probable cause to believe that the property has been used in violation of Section 76-10-1903, 76-10-1904, or 76-10-1906.
(3) Forfeiture proceedings under this section shall be commenced in accordance with the procedures and substantive protections of Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(4) 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. When property is seized under this chapter, 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.

Amended by Chapter 185, 2002 General Session