When They Take Your Property
G.S. 90-112 — what drug forfeiture reaches, and the limits on taking a vehicle
What may be forfeited. Controlled substances acquired in violation of the article, money and equipment used in dealing in them, their containers, records used in violation, and conveyances used to transport or conceal them are subject to forfeiture.
- A common carrier's conveyance, unless the owner or person in charge consented to or was privy to the violation.
- A conveyance that was unlawfully in the possession of someone other than the owner when the act occurred.
- A conveyance, unless the violation involved is a felony under the article.
- A bona fide secured party's interest, if it had no knowledge of and did not consent to the act.
Those are the limits the section puts on forfeiting a conveyance.
Seizure and custody. Property may be seized on court process, or without it incident to an arrest or a search under a warrant. Seized property is not repleviable, and is held in safekeeping until a judge enters an order of disposition.
Criminal forfeiture ordered as part of a sentence, federal forfeiture, and what may be seized in the first place are set out in other law that is not on this page. Whether a deadline has run, and what follows in a particular case, are questions for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 90-112 — Forfeitures
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.