North Dakota Code 39-30-03 – Seizure of equipment
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.