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

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Terms Used In Indiana Code 34-24-2-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.