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

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

Answer: (D)

Seizure under Chapter 59 hinges on a straightforward link between the property and criminal activity, supported by probable cause, and carried out by a peace officer under the statute’s authority. The grounds for forfeiture come from the property itself being contraband or otherwise subject to seizure, and the seizure must be justified by probable cause tying that property to crime. The action must be performed by a peace officer. The presence of the property owner is not required at the moment of seizure; law enforcement can seize the property even if the owner isn’t there, as long as the legal conditions are met. That’s why needing the owner to be present is not a requirement.