N.Y. Environmental Conservation Law 71-3907 – Warrants; seizure
§ 71-3907. Warrants; seizure.
Terms Used In N.Y. Environmental Conservation Law 71-3907
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
Any police officer shall have authority to execute any warrant to search for and seize any sewage system cleaners or additives sold, distributed or offered or exposed for sale in violation of article thirty-nine. Such cleaners or additives shall be held pending proceedings in any court of competent jurisdiction, and upon conviction or upon the entry of a judgment restraining the sale, distribution or offer or exposure for sale of said cleaners or additives on the ground that said items were sold, distributed or exposed or offered for sale in violation of article thirty-nine, the seized items shall be forfeited and, upon forfeiture, destroyed under the supervision of the commissioner. Where property has been seized pursuant to the provisions of this article from a person who was not convicted of an offense or subject to a restraining order, a notice of the institution of a forfeiture proceeding shall be served on that person, and the person shall be allowed to appear and shall be given an opportunity to be heard at the forfeiture proceeding.