Utah Code 77-11a-201. Grounds for seizing property and contraband
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A peace officer may seize property or contraband:
(1) upon a search warrant or administrative warrant that is issued in accordance with the Utah Code and the Utah Rules of Criminal Procedure;
Terms Used In Utah Code 77-11a-201
- Arrest: Taking physical custody of a person by lawful authority.
- Contraband: includes :(4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or(4)(b)(ii) a computer that:(4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or(4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Peace officer: means an employee:
(16)(a) of an agency;(16)(b) whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and(16)(c) who is authorized by the agency to seize property. See Utah Code 77-11a-101- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
- Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or(42)(b)(42)(b)(i) after the day described in Subsection (42)(a); and(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5(2) when the seizure is incident to an arrest;(3) when the property seized is the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under Chapter 11b, Forfeiture of Seized Property; or(4) when the peace officer has probable cause to believe that the property or contraband:(4)(a) is directly or indirectly dangerous to health or safety;(4)(b) is evidence of an offense;(4)(c) has been used or was intended to be used to commit an offense; or(4)(d) is proceeds of an offense.