A Guide to Vehicle Seizures: Drugs and Alcohol

Later this summer, we will be publishing a new Administration of Justice Bulletin, The Law of Vehicle Seizure and Forfeiture in North Carolina. It will cover the different circumstances in which law enforcement may seize vehicles and judges may order them forfeited. This post is a preview of two circumstances that will be included in the bulletin. One circumstance is when the vehicle is used as part of an offense related to a controlled substance. Another circumstance is when a vehicle is used to unlawfully transport nontaxpaid alcoholic beverages. Read on for the preview. Drug Offenses (G.S. 90-112) Applicability Vehicles used as part of an offense related to controlled substances are subject to seizure and forfeiture. If a vehicle is used to unlawfully conceal, convey, or transport any unlawful controlled substance, it is subject to seizure and forfeiture. This also applies to any money, raw material, products, and equipment of any kind which are acquired, used, or intended for use in selling, purchasing, manufacturing, compounding, processing, delivering, importing, or exporting a controlled substance. Vehicles subject to forfeiture pursuant to G.S. 90-112 may be ordered seized by any district or superior court with jurisdiction over the vehicle, may be seized without process if the seizure is incident to an arrest or search pursuant to a search warrant, or may be seized without process when the property has been the subject of a prior judgment in favor of the State in a criminal injunction or forfeiture proceeding under the North Carolina Controlled Substances [...]