(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.

Terms Used In Rhode Island General Laws 31-48-4

  • 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.
  • Motor vehicle: means any vehicle driven or drawn by mechanical power for use on the public streets, roads, and highways;

    (2)  "Odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation;

    (3)  "Person" means any individual, sole proprietorship, partnership, corporation, or business trust including, but not limited to, private individuals and motor vehicle dealers, both wholesale and retail, whether the private individual or dealer is a dealer in the ordinary course of business or not;

    (4)  "Repair and replacement" means to restore to a sound working condition by replacing the instrument or any part thereof or by correcting what is inoperative;

    (5)  "Transfer" means to acquire ownership by purchase, gift, bequest, or any other means. See Rhode Island General Laws 31-23.2-2

(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.

History of Section.
P.L. 1992, ch. 273, § 1.