Ohio Revised Code Search

...ding the potential value of the sale of contraband, or the property is being transferred or referred for federal criminal forfeiture proceedings. (C) Any law enforcement agency that receives moneys from a sale of forfeited property under federal law shall deposit, use, and account for the amounts, including any interest derived, in accordance with applicable federal law. If the state highway patrol or the investiga...

... section, property ordered forfeited as contraband, proceeds, or an instrumentality pursuant to this chapter shall be disposed of, used, or sold pursuant to section 2981.12 of the Revised Code. If the property is to be sold under that section, the prosecutor shall cause notice of the proposed sale to be given in accordance with law. (B) If the contraband or instrumentality forfeited under this chapter is sold, any ...

...d in the violation, or the value of the contraband or other property illegally possessed, sold, or purchased in the violation exceeds one thousand dollars, or any combination of violations described in division (I)(2)(c) of this section when the total proceeds of the combination of violations, payments made in the combination of violations, amount of the claims for payment or for other benefits that is false or decep...

...t of offenses by seizing and forfeiting contraband, proceeds, and certain instrumentalities; (2) To ensure that seizures and forfeitures of instrumentalities are proportionate to the offense committed; (3) To protect third parties from wrongful forfeiture of their property; (4) To prioritize restitution for victims of offenses. (B) As used in this chapter: (1) "Aircraft" has the same meaning as in section 4561.0...

...of the Revised Code shall be considered contraband for the purposes of Chapter 2981. of the Revised Code, except that proceeds from the sale of such contraband shall be disposed of in the following order: (1) To the payment of the costs incurred in the forfeiture proceedings under Chapter 2981. of the Revised Code; (2) To the payment of the balance due on any security interest preserved under division (F) of sectio...

..., or growing out of necessity. (13) "Contraband" means any property that is illegal for a person to acquire or possess under a statute, ordinance, or rule, or that a trier of fact lawfully determines to be illegal to possess by reason of the property's involvement in an offense. "Contraband" includes, but is not limited to, all of the following: (a) Any controlled substance, as defined in section 3719.01 of the...

...d to be used, or brandished constitutes contraband, and, to the extent possible, the officer shall seize the deadly weapon as contraband pursuant to Chapter 2981. of the Revised Code. Upon the seizure of a deadly weapon pursuant to division (B)(3)(h) of this section, section 2981.12 of the Revised Code shall apply regarding the treatment and disposition of the deadly weapon. For purposes of that section, the "underly...

...son's expense, any records that are not contraband. The court may grant the petition if the person demonstrates how the person meets the requirements specified in divisions (D)(3)(a) and (c) of this section. The court shall order a competent person to supervise the copying. (3) Except when there is probable cause that the property is contraband, property that must be held for a reasonable time as evidence related to...

...nly property that may be confiscated is contraband, as defined in section 2901.01 of the Revised Code, or property that is otherwise necessary for evidentiary purposes. (b) A complete inventory of all property confiscated from the premises shall be given to the permit holder or the permit holder's agent or employee by the confiscating agent or officer at the conclusion of the inspection. At that time, the inventor...

...nly property that may be confiscated is contraband, as defined in section 2901.01 of the Revised Code, or property that is otherwise necessary for evidentiary purposes. (B) A complete inventory of all property confiscated from the premises shall be given to the permit holder or the permit holder's agent or employee by the confiscating enforcement agent or peace officer at the conclusion of the inspection. At that ti...

...(1) of this section shall be considered contraband under section 5743.21 of the Revised Code, and those cigarettes shall be subject to seizure and forfeiture under that section. Cigarettes so seized and forfeited shall not be resold and shall be destroyed.

...ing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. (J) Division (L) of section 2923.16 of the Revised Code applies with respect to division (A)(2) of this section, except that all references in division (L) of section 2923.16 of the Revised Code to "vehicle," to "this chapter," or to "division (K)(5)(a) or (b) of this section" shall...

... division (D)(1)(b) of this section are contraband and are forfeited. Prior to the court's entry of judgment under Criminal Rule 32, the owner of a registered trademark or service mark that is the subject of the counterfeit mark may recommend a manner in which the forfeited goods and forfeited personal property should be disposed of. If that owner makes a timely recommendation of a manner of disposition, the co...

...ion of a violation of this section, is contraband and is subject to seizure and forfeiture pursuant to Chapter 2981. of the Revised Code. (H) The attorney general may bring a civil action, pursuant to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat. 2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the state in a district court of the United States that has jurisdiction for a violation of t...

...ing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies. (H) For purposes of this section, "deadly weapon" or "weapon" does not include any knife,...

...ing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies. (K) As used in this section: (1) "Motor vehicle," "street," and "highway" have the same...

... (ii) Limit any seizure of evidence or contraband otherwise permitted by law; (iii) Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division; (iv) Limit, modify, or remove any immunity from liability available pursuant to law in effect prior to September 13, 2016, to...

...re subject to seizure and forfeiture as contraband under Chapter 2981. of the Revised Code.

..., including fruits or tools of a crime, contraband, or a deadly weapon, as defined in section 2923.11 of the Revised Code, that could not otherwise be discovered. In determining probable cause for purposes of this section, a law enforcement officer or employee of a law enforcement agency shall consider the nature of the offense with which the person to be searched is charged, the circumstances of the person's arrest,...

...tion 2981.05 of the Revised Code: (a) Contraband involved in an offense; (b) Proceeds derived from or acquired through the commission of an offense; (c) An instrumentality that is used in or intended to be used in the commission or facilitation of any of the following offenses when the use or intended use, consistent with division (B) of this section, is sufficient to warrant forfeiture under this chapter: (i...

...te to the severity of the offense. (B) Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section. (C) In determining the severity of the offense for purposes of forfeiture of an instrumentality, the court shall consider all relevant factors including, but not limited to, the following: (1) The seriousness of the offense and its impact on the community, inclu...

...purchase technology designed to prevent contraband from entering the jail; (d) To pay for construction or renovation of a jail facility to provide medical or mental health services. (4) The sheriff shall adopt rules for the operation of any commissary fund the sheriff establishes.

...nder this provision shall be considered contraband for purposes of Chapter 2981. of the Revised Code, but shall be held by the law enforcement agency that employs the officer who seized it for disposal in accordance with section 4503.234 of the Revised Code. (3) If a court issues an immobilization order under division (A) of this section, and if the vehicle is not claimed within seven days after the end of the perio...

...nt to this division shall be considered contraband for purposes of Chapter 2981. of the Revised Code, but the law enforcement agency that employs the officer who seized it shall hold the vehicle for disposal in accordance with this section. A forfeiture order may be issued only after the offender has been provided with an opportunity to be heard. The prosecuting attorney shall give the offender written notice of the ...

...nt to this division shall be considered contraband for purposes of Chapter 2981. of the Revised Code. The vehicle shall not be immobilized at any place other than a commercially operated private storage lot, a place owned by a law enforcement or other government agency, or a place to which one of the following applies: (a) The place is leased by or otherwise under the control of a law enforcement or other governme...