{"data":{"id":"us-ky/krs-218a.415","jurisdiction":"us-ky","citation":"KRS 218A.415","heading":"Procedure for seizure of property.","body":"(1) Personal property subject to forfeiture under this chapter may be seized by any law\nenforcement agency upon process issued by any judge that is empowered to issue a\nwarrant of arrest or search warrant and in whose jurisdiction the property is located.\nSeizure of personal property without process may be made if:\n(a) The seizure is incident to an arrest or a search under a search warrant;\n(b) The property subject to seizure has been the subject of a prior judgment in\nfavor of the state in a criminal injunctio n or forfeiture proceeding based upon\nthis chapter;\n(c) The law enforcement agency has probable cause to believe that the property is\ndirectly or indirectly dangerous to health or safety; or\n(d) The law enforcement agency has probable cause to believe that the property is\nsubject to forfeiture pursuant to this chapter.\n(2) Property taken or detained under this section shall not be subject to replevin, but\nshall be deemed to be in the custody of the law enforcement agency subject only to\nthe orders and decre es of the court having jurisdiction over the forfeiture\nproceedings. When property is seized under this chapter, the law enforcement\nagency may:\n(a) Remove the property to a place designated by it; or\n(b) Take custody of the property and remove it to an ap propriate location for\ndisposition in accordance with law.\n(3) Real property subject to forfeiture may be seized only pursuant to final judgment\nand order of forfeiture or upon order of the court having jurisdiction over the\nproperty. The order may be obtained pursuant to this subsection upon application of\nthe Commonwealth.\n(a) Upon receipt of the application, the court shall immediately enter an order\nsetting a date for hearing on the matter no fewer than five (5) days nor more\nthan ten (10) days after the filing of the application. At the hearing:\n1. The court shall take evidence on the issues of whether the property\nnamed in the application is forfeit and seizure is necessary to preserve\nthe property pending final judgment.\n2. The Commonwealth shall have  the initial burden of showing the\nexistence of probable cause for forfeiture of the property and the\nnecessity of seizure. On the showing by the Commonwealth, the\nrespondent shall have the burden of showing by a preponderance of the\nevidence that the property is not subject to forfeiture.\n3. Evidence at the seizure hearing may not be suppressed on the ground\nthat its acquisition by search or seizure violated constitutional\nprotections applicable in criminal cases relating to unreasonable\nsearches or seizures.\n4. If the court makes a determinat ion in favor of the Commonwealth, it\nshall enter an order authorizing the seizure of the property.\n5. The court may, in its discretion, permit the owner of the property to post\nsecurity equal to the value of the property in lieu of seizure.\n(b) A temporary  seizure order pursuant to this section may be entered on\napplication without notice or an opportunity for a hearing if the\nCommonwealth demonstrates that there is probable cause to believe that the\nproperty with respect to which the order is sought is sub ject to forfeiture and\nthe need to preserve the availability of property through immediate seizure\noutweighs the hardship that an immediate seizure may cause the owner. The\ntemporary order shall expire ten (10) days after the date on which it is entered\nor at the time of the hearing provided for in paragraph (a) of this subsection.","path":["KRS Chapter 218A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9704","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:30Z","sha256":"3abccb107ce4a81c078bcbb117a682db244910b657c0b489d8404ff22339f87b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218a.410","next":"us-ky/krs-218a.420"},"notice":"GroundRules: Original legal text. Not legal advice."}