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

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.#

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.#

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.#