26.18.040 When Property May Be Seized

(a) A law enforcement officer who has probable cause to make an arrest for a violation of Tribal or Federal law, probable cause to believe that a conveyance has been used or is intended to be used to unlawfully transport a drug or probable cause to believe that conveyance has been used to keep, deposit or conceal a drug shall seize the conveyance so used or intended to be used. The officer shall immediately deliver a conveyance that is seized to the Bureau of Indian Affairs, Law Enforcement Services; Turtle Mountain Band of Chippewa Indians, Law Enforcement Services, Belcourt, North Dakota, to be held as evidence until forfeiture is declared or release is ordered.

(b) All property subject to forfeiture under this this title may be seized by a law enforcement officer under a search warrant issued by the Tribal Court. Seizure without a warrant may be made if:

(1) The seizure is made incident to an arrest or a search under a search warrant issued for another purpose or an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the Tribe in a criminal proceeding or a forfeiture proceeding based on this title;

(3) The law enforcement officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety;

(4) The law enforcement officer has probable cause to believe that the property was issued or is intended to be used in violation of the criminal provisions of this title; or

(5) The law enforcement officer has probable cause to believe that the property will be removed from the Turtle Mountain Reservation if not seized at that time.