Okla. Stat. tit. 36 § 364

Current through Laws 2024, c. 453.

Section 364 - Seizure of property used in insurance-related crimes

A. Any tool, implement or instrumentality used or possessed in connection with any violation of an insurance-related crime or that is the fruit of an insurance-related crime, may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.

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:

1. The seizure occurs in accordance with any applicable law or rule;

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 this act; 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.

Okla. Stat. tit. 36, § 364

Added by Laws 2012 , SB 1439, c. 235, §6, emerg. eff. 7/1/2012.