1.    Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part, used or possessed in connection with any violation of section 39-30-02 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.

Terms Used In North Dakota Code 39-30-03

  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    Seizure of property described in subsection 1 may be made by a member of a state or local law enforcement agency without process:

a.    If in accordance with any applicable law or regulation; b.    If the seizure is incident to inspection under an administrative inspection warrant; c.    If the seizure is incident to search made under a search warrant;    d.    If the seizure is incident to a lawful arrest; e.    If the seizure is made pursuant to a valid consent to search; f.    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 section 39-30-05; or

g.    If there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.

3.    When property is seized under this section, the seizing agency may:

a.    Place the property under seal; or

b.    Remove the property to a place selected and designated by the seizing party.