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Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 8. OFFENSES INVOLVING THEFT · Article 4. MOTOR VEHICLE CHOP SHOPS AND STOLEN AND ALTERED PROPERTY

16-8-84. Seizure of personal property used or possessed in connection with violation of Code Section 16-8-83.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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 Code Section 16-8-83 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.#

  2. (b)

    Seizure of property described in subsection (a) of this Code section may be made by a member of a state or local law enforcement agency without process if:#

    1. (1)

      The seizure is made in accordance with any applicable law or regulation;#

    2. (2)

      The seizure is incident to inspection under an administrative inspection warrant;#

    3. (3)

      The seizure is incident to a search made under a search warrant;#

    4. (4)

      The seizure is incident to a lawful arrest;#

    5. (5)

      The seizure is made pursuant to a valid consent to search;#

    6. (6)

      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 Code Section 16-8-86; or#

    7. (7)

      There are reasonable grounds to believe that the property is directly or indirectly dangerous to the health or safety of the public.#

  3. (c)

    When property is seized pursuant to this Code section, the seizing agency may:#

    1. (1)

      Place the property under seal; or#

    2. (2)

      Remove the property to a place selected and designated by the seizing agency.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-8-84, enacted by Ga. L. 1991, p. 1805, § 1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, page 460; merge action: carried; file SHA-256 5985d65f23ef.