Sec. 17.30.114. Seizure and custody of property.

416 words·~2 min read·/ak/title-17/chapter-30/17-30-114

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Property listed in AS 17.30.110 may be seized by a peace officer upon an order issued by a court having jurisdiction over the property upon a showing of probable cause that the property may be forfeited under AS 17.30.110 . Seizure without a court order may be made if

(1)the seizure is incident to a valid arrest or a search under a valid search warrant;

(2)the property subject to seizure has been the subject of an earlier judgment in favor of the state in a criminal proceeding or civil proceeding in rem under this chapter or AS 11.71 ; or

(3)there is probable cause that the property was used, is being used, or is intended for use, in violation of this chapter or AS 11.71 and the property is easily movable; property seized under this paragraph may not be held for more than 48 hours without a court order obtained to continue its detention.

(b)Property taken or detained under

(a)of this section shall be held in the custody of either the commissioner of public safety or a municipal law enforcement agency authorized by the commissioner of public safety to retain custody of property listed in AS 17.30.110 subject only to the orders and decrees of the court having jurisdiction over any forfeiture proceedings. If property is seized under this chapter, the commissioner of public safety or an authorized municipal law enforcement agency may

(1)place the property under seal;

(2)remove the property to a place designated by the court;

(3)take custody of the property and remove it to an appropriate location for disposition in accordance with law; or

(4)with court approval, transfer the property to another state or federal law enforcement agency for forfeiture proceedings by that agency; the court having jurisdiction shall grant the approval under this paragraph if the property

(A)will be retained within the jurisdiction of the court by the agency to which the property is being transferred; or

(B)is

(i)not needed as evidence; or

(ii)needed as evidence, and the property is fungible or the property's evidentiary value can otherwise be preserved without retaining the property within the jurisdiction of the court.

(c)Within 10 days after a seizure under AS 17.30.110 — 17.30.126, the commissioner of public safety shall make an inventory of any property seized, including controlled substances, and shall appraise the value of any items seized other than controlled substances.