CHAPTER 02:09:01
LAW ENFORCEMENT SEIZURE REPORT
Section
02:09:01:01 Form for reporting seizure of property.
02:09:01:02 Deadline for seizure reporting.
02:09:01:01. Form for reporting seizure of property. A law enforcement agency shall file a seizure report with the Office of the Attorney General on the prescribed form. The prescribed form is an online form found on the Office of the Attorney General website. The law enforcement agency must provide the following information in the seizure report:
(1) Name and contact information for the law enforcement officer completing the form;
(2) Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead state agency;
(3) Name of all law enforcement officers and agencies involved in the seizure;
(4) Arresting agency;
(5) County of seizure;
(6) Seizure date;
(7) Name, date of birth, address, phone number, and custody status of the person from whom the property was seized;
(8) Name, date of birth, address, and phone number of other parties with an interest in the seized property;
(9) Location of the seizure, whether a residence, business, event, or traffic stop;
(10) If a traffic stop on an interstate, the direction of the traffic flow, whether eastbound, westbound, southbound, or northbound;
(11) Current location of seized property;
(12) Type and amount of controlled substance;
(13) Dollar amount of seized currency;
(14) Buy money amount and whether it was intermingled with the seized currency;
(15) Description of seized property;
(16) If the seized property is a vehicle, the make, model, year, color, condition, VIN, license plate, lien holder name, amount of lien, name and address of all registered owners, whether the vehicle was towed, and whether the tow bill was paid by the law enforcement agency that seized the vehicle;
(17) Estimated value of seized property other than currency;
(18) Proximity of drugs to the seized property; and
(19) Incriminating evidence.
Source: 49 SDR 130, effective July 10, 2023.
General Authority: SDCL 23A-49-25.
Law Implemented: SDCL 23A-49-21, 23A-49-22.
02:09:01:02. Deadline for seizure reporting. A law enforcement agency shall file a seizure report within ten days from the date property was seized. Any seizure report filed after the time prescribed will be declined by the Office of the Attorney General and the forfeiture action will not be initiated.
Source: 49 SDR 130, effective July 10, 2023.
General Authority: SDCL 23A-49-25.
Law Implemented: SDCL 23A-49-21, 23A-49-22.
