23A-49-8. Seizure of property without court process.
The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if:
(1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;
(2)The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;
(3)The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4)The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in §23A-49-20.
Source: SL 2016, ch 138, §8.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 49 - Civil Forfeiture For Crime
Section 23A-49-1 - Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.
Section 23A-49-2 - Conveyance used in common carrier business not subject to forfeiture--Exception.
Section 23A-49-3 - Stolen and leased conveyances not subject to forfeiture--Exception.
Section 23A-49-6 - Victim protected against forfeiture by victim immunity.
Section 23A-49-7 - Seizure of property by court process.
Section 23A-49-8 - Seizure of property without court process.
Section 23A-49-9 - Time for instituting proceedings.
Section 23A-49-10 - Seized property subject only to order of court or official.
Section 23A-49-11 - Attorney general action with respect to seized property.
Section 23A-49-12 - Property subject to security interest--Action by attorney general.
Section 23A-49-13 - Civil action--Standard of proof.
Section 23A-49-15 - Procedure in forfeiture proceedings involving real property or conveyances.
Section 23A-49-16 - Service of process by mail where person released on bail.
Section 23A-49-17 - Answer by party in interest.
Section 23A-49-18 - Disposition of property by court where no appearance made.
Section 23A-49-19 - Trial--Disposition of property by court.
Section 23A-49-20 - Attorney general's disposition of forfeited property.
Section 23A-49-21 - Seized property--Written report--Contents.
Section 23A-49-22 - Seized property--Searchable website or spreadsheet.
Section 23A-49-23 - Seized property--Information to be public.
Section 23A-49-24 - Seized property--Fees and costs recouped.