(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 § 31-48-3 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 section may be made by a member of a state or local law enforcement agency without process: (1) If in accordance with any applicable law or regulation; (2) If the seizure is incident to inspection under an administrative inspection warrant; (3) If the seizure is incident to search made under a search warrant; (4) If the seizure is incident to a lawful arrest; (5) If the seizure is made pursuant to a valid consent to search; (6) If 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 § 31-48-6; or (7) If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety. (c) When property is seized under this section, the seizing agency may: (1) Lock and secure the property at its location; or (2) Remove the property to a place selected and designated by the seizing agency.
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