Sec. 3. When an action is filed under section 2 of this chapter, the prosecuting attorney or the inspector general may move for an order to have property subject to forfeiture seized by a law enforcement agency. The judge shall issue such an order upon a showing of probable cause to believe that:
(1) a violation of IC 35-45-6-2, in the case of property described in section 2(a) of this chapter; or
(2) conduct described in section 2(b) of this chapter, in case of property described in section 2(b) of this chapter;
has occurred.
[Pre-1998 Recodification Citation: 34-4-30.5-3(b).]
As added by P.L.1-1998, SEC.19. Amended by P.L.222-2005, SEC.41.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 2. Civil Remedies for Racketeering Activity
34-24-2-1. Injunctive Relief From Corrupt Business Influence; Action by Prosecuting Attorney
34-24-2-2. Action for Forfeiture of Property Incident to Corrupt Business Influence
34-24-2-3. Order to Have Property Subject to Forfeiture Seized
34-24-2-4. Seizure of Property Subject to Forfeiture; Requisites; Custody; Limitation of Actions
34-24-2-5. Rights of Secured Party in Property Subject to Forfeiture
34-24-2-7. Relitigation of Issues Determined in Criminal Proceeding Barred by Collateral Estoppel