Statutes | Makah Tribal Law and Order Code Title 3 Chapter 8 ยง 3.8.09 | 2020
If the property seized under the provisions of this Chapter is seized pursuant to a lawful arrest for the violation of this Code, then upon conviction of the person arrested or upon a finding by a preponderance of the evidence by the Judge that the property is contraband, the Judge shall order the contraband to be destroyed immediately, or disposed of and all proceeds therefrom shall be the sole property of the Tribe. If the property may be adapted to any lawful use, it shall be forfeited to the Tribe for its use.
If the property seized under the provisions of this Chapter is not seized pursuant to a lawful arrest for violation of this Code, then a hearing shall be held within 10 days after such seizure, and notice of such hearing shall by given in writing to the person in whose possession the property was found, if any. If the owner or possessor of the property is not known, then such notice of hearing shall be posted for 10 days in a public manner on the premises from which the property was seized. Upon a finding by a preponderance of the evidence by the Judge that the property is contraband, the Judge shall order the contraband to be destroyed immediately or disposed of, and all proceeds therefrom shall be the sole property of the Tribe. If the property may be adapted to any lawful use, it shall be forfeited to the Tribe for its use.