(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 § 56-29-30 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 if:

Terms Used In South Carolina Code 56-29-40

  • Arrest: Taking physical custody of a person by lawful authority.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Vehicle: includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment. See South Carolina Code 56-29-20

(1) it is 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 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 § 56-29-60; or

(7) 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) place the property under seal; or

(2) remove the property to a place selected and designated by the seizing agency.