§ 34-24-1-2 Seizure procedure; custody

Codes > Indiana Code > Title 34 > Article 24 : Chapter 1 > 34-24-1-2 Seizure

34-24-1-2 Seizure procedure; custody

    Sec. 2. (a) Property may be seized under this chapter by a law enforcement officer only if:

        (1) the seizure is incident to a lawful:

            (A) arrest;

            (B) search; or

            (C) administrative inspection;

        (2) the property has been the subject of a prior judgment in favor of the state or unit in a proceeding under this chapter (or IC 34-4-30.1 before its repeal); or

        (3) a court, after making an ex parte determination that there is probable cause to believe the property is subject to seizure under this chapter, issues an order for seizure.

    (b) When property is seized under subsection (a), the law enforcement agency making the seizure may, pending final disposition:

        (1) place the property under seal;

        (2) remove the property to a place designated by the court; or

        (3) require another agency authorized by law to take custody of the property and remove it to an appropriate location.

    (c) Property that is seized under subsection (a) (or IC 34-4-30.1-2(a) before its repeal) is not subject to replevin but is considered to be in the custody of the law enforcement agency making the seizure.