Which of the following is NOT a requirement for a valid seizure under Chapter 59 of the Code of Criminal Procedure?

• A. Property is contraband
• B. Seizure is made by a peace officer
• C. Property owner is present
• D. Seizure is based on probable cause

Answer: (C)

A valid seizure under Chapter 59 does not require the property owner to be present. The essential elements are that the property is contraband (or used as an instrumentality or proceeds of a crime), the seizure is carried out by a peace officer, and the seizure is based on probable cause (or supported by a warrant). The owner’s presence isn’t needed for the seizure to be legally valid, so police can seize the property even if the owner isn’t there, provided these other requirements are met. For example, illegal drugs found in a vehicle during a stop can be seized on probable cause without the owner's presence.