§ 39-30-03 — Seizure of equipment

1. Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part,
used or possessed in connection with any violation of section 39-30-02 may be seized
by a member of a state or local law enforcement agency upon process issued by any
court of competent jurisdiction.
2. Seizure of property described in subsection 1 may be made by a member of a state or
local law enforcement agency without process:
a. If in accordance with any applicable law or regulation;
b. If the seizure is incident to inspection under an administrative inspection warrant;
c. If the seizure is incident to search made under a search warrant;

d. If the seizure is incident to a lawful arrest;
e. If the seizure is made pursuant to a valid consent to search;
f. If 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
section 39-30-05; or
g. If there are reasonable grounds to believe that the property is directly or indirectly
dangerous to health or safety.
3. When property is seized under this section, the seizing agency may:
a. Place the property under seal; or
b. Remove the property to a place selected and designated by the seizing party.