MISCELLANEOUS LAWS
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(16)The following real or personal prop-
erty:
(A) Property used or intended to be
used to commit, facilitate, or promote
the commission of an offense specified
in IC 23-14-48-9, IC 30-2-9-7(b), IC
30-2-10-9(b), or IC 30-2-13-38(f).
(B) Property constituting, derived
from, or traceable to the gross pro-
ceeds that a person obtains directly
or indirectly as a result of an offense
specified in IC 23-14-48-9, IC 30-2-
9-7(b), IC 30-2-10-9(b), or IC 30-2-
13-38(f).
(17)An automated sales suppression
device (as defined in IC 35-43-5-4.6(a)(1)
or phantom-ware (as defined in IC 35-43-
5-4.6(a)(3)).
(b) Avehicle used by any person as a common
or contract carrier in the transaction of business as
a common or contract carrier is not subject to
seizure under this section, unless it can be proven
by a preponderance of the evidence that the owner
of the vehicle knowingly permitted the vehicle to
be used to engage in conduct that subjects it to
seizure under subsection (a).
(c) Equipment under subsection (a)(10) may
not be seized unless it can be proven by a pre-
ponderance of the evidence that the owner of the
equipment knowingly permitted the equipment
to be used to engage in conduct that subjects it to
seizure under subsection (a)(10).
(d) Money, negotiable instruments, securities,
weapons, communications devices, or any prop-
erty commonly used as consideration for a viola-
tion of IC 35-48-4 found near or on a person who
is committing, attempting to commit, or conspir-
ing to commit any of the following offenses shall
be admitted into evidence in an action under this
chapter as prima facie evidence that the money,
negotiable instrument, security, or other thing of
value is property that has been used or was to have
been used to facilitate the violation of a criminal
statute or is the proceeds of the violation of a
criminal statute:
(1) IC 35-48-4-1 (dealing in or manufac-
turing cocaine or a narcotic drug).
(2) IC 35-48-4-1.1 (dealing in metham-
phetamine).
(3) IC 35-48-4-2 (dealing in a schedule I,
II, or III controlled substance).
(4) IC 35-48-4-3 (dealing in a schedule IV
controlled substance).
(5) IC 35-48-4-4 (dealing in a schedule V
controlled substance) as a Level 4 felony.
(6) IC 35-48-4-6 (possession of cocaine or
a narcotic drug) as a Level 3, Level 4, or
Level 5 felony.
(7) IC 35-48-4-6.1 (possession of meth-
amphetamine) as a Level 3, Level 4, or
Level 5 felony.
(8) IC 35-48-4-10 (dealing in marijuana,
hash oil, hashish, or salvia) as a Level 5
felony.
(9) IC 35-48-4-10.5 (dealing in a syn-
thetic drug or synthetic drug lookalike
substance) as a Level 5 felony or Level 6
felony (or as a Class C felony or Class D
felony under IC 35-48-4-10 before its
amendment in 2013).
(e) Avehicle operated by a person who is not:
(1) an owner of the vehicle; or
(2) the spouse of the person who owns the
vehicle;
is not subject to seizure under subsection (a)(15)
unless it can be proven by a preponderance of the
evidence that the owner of the vehicle knowingly
permitted the vehicle to be used to engage in con-
duct that subjects it to seizure under subsection
(a)(15).
34-24-1-2. Procedures for seizure.
(a) Property may be seized under this chapter
by a law enforcement officer only if:
(1) the seizure is incident to a lawful:
(A) arrest;
(B) search; or
(C) administrative inspection;
(2) the property has been the subject of a
prior judgment in favor of the state or unit
in a proceeding under this chapter (or IC
34-4-30.1 before its repeal); or
(3) a court, after making an ex parte deter-
mination that there is probable cause to
believe the property is subject to seizure
under this chapter, issues an order for
seizure.
