Police can seize off-road vehicles for possible state forfeiture

A law enforcement agency designated by the district attorney may seize an off-road vehicle for forfeiture when probable cause links it to a violation of the reckless-operation law. The provisions cover off-road vehicles allegedly used in violation of Louisiana's reckless-operation law. An agency may seize a vehicle that is not evidence of a crime with or without a court order; a seizure without a warrant must be reasonable under the law. If a court finds no probable cause for seizing a vehicle that is not evidence of a crime, the agency must release it to its established owner. For a vehicle that is not evidence of a crime, the agency must apply for a seizure warrant within 72 hours after seizure, excluding weekends and holidays, unless it already has one. For a vehicle alleged to be evidence, the 72 hours start when notice of pending forfeiture is served.

A court may order an off-road vehicle forfeited to the state; the vehicle must then be destroyed or sold at public auction, at the prosecuting attorney's discretion. These provisions cover off-road vehicles seized under the forfeiture law and money from their sale. If no one files a timely claim within 30 days after notice to the owner and lienholders recorded with the motor vehicles office, the district attorney may ask the court to order forfeiture. The court must find that it has jurisdiction, proper notice was given, and there is probable cause for forfeiture. Sale proceeds first pay valid liens and proper case and sale expenses. Remaining money goes to law enforcement for drug law enforcement, the criminal court fund, and the prosecuting agency, in stated shares. The 30-day period begins when notice is given to the owner and lienholders recorded with the motor vehicles office. After all timely claims are decided, the court must enter an order confirming the state's title.

A court must order a claimant to pay the state's reasonable investigation and prosecution costs, including attorney fees, if the claimant fails to establish that a substantial part of their interest is exempt from forfeiture. This applies to a claimant in a case to forfeit an off-road vehicle.