South Carolina Code 56-29-40. Seizure of motor vehicle, tools, implements, or other instrumentality
(B) Seizure of property described in subsection (A) of this section may be made by a member of a state or local law enforcement agency without process if:
Terms Used In South Carolina Code 56-29-40
- Arrest: Taking physical custody of a person by lawful authority.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Vehicle: includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment. See South Carolina Code 56-29-20
(1) it is in accordance with any applicable law or regulation;
(2) the seizure is incident to inspection under an administrative inspection warrant;
(3) the seizure is incident to search made under a search warrant;
(4) the seizure is incident to a lawful arrest;
(5) the seizure is made pursuant to a valid consent to search;
(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 § 56-29-60; or
(7) there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.
(C) When property is seized under this section, the seizing agency may:
(1) place the property under seal; or
(2) remove the property to a place selected and designated by the seizing agency.