Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The court may issue at the request of the State ex parte a preliminary order or process to seize or secure property for which forfeiture is sought and to provide for its custody. Process for seizure of such property shall issue only upon a showing of probable cause that the property is subject to forfeiture. Application therefor and issuance, execution, and return shall be subject to provisions of applicable law.
(b) Any property subject to forfeiture under this subchapter may be seized upon process. Seizure without process may be made when:
(1) the seizure is incident to an arrest with probable cause or a search under a valid search warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the State in a forfeiture proceeding under this subchapter; or
(3) the seizure is incident to a valid warrantless search.
(c) If property is seized without process under subdivision (b)(1) or (3) of this section, the State shall forthwith petition the court for a preliminary order or process under subsection (a) of this section.
(d) Notwithstanding subsection 4241(b) of this title, all regulated drugs the possession of which is prohibited under this chapter are contraband and shall be automatically forfeited to the State and destroyed.
Cite this article: FindLaw.com - Vermont Statutes Title 18. Health, § 4242. Seizure - last updated January 01, 2024 | https://codes.findlaw.com/vt/title-18-health/vt-st-tit-18-sect-4242/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)