7.__Process for seizure.__At the request of the State ex parte, the court may issue any preliminary order or process necessary to seize or secure the property for which forfeiture is sought and provide for its custody.

A.__Process for seizure of the property may issue only upon a showing of probable cause.__The application for process for seizure of the property and the issuance, execution and return of the process are subject to the provisions of applicable state law.

B.__Any property subject to forfeiture under this section may be seized upon process.

8.__Seizure without process.__Seizure without process may be made when seizure is incident to a legal search or inspection if the law enforcement officer has probable cause to believe the property seized is an illegal gaming machine.

§396.__Criminal forfeiture

1.__Forfeiture upon conviction of violation.__A person convicted of a violation of this chapter forfeits to the State all rights, privileges, interests and claims to property that is subject to forfeiture pursuant to section 395.

2.__Proceeding by indictment.__Property subject to forfeiture that is not yet the subject of a final order pursuant to section 395 may be proceeded against by indictment or superseding indictment of a grand jury in any related criminal proceeding in which one or more persons with an interest in the property have been simultaneously indicted for one or more violations of this chapter.__At any time prior to trial, the State, with the consent of the court and any defendant with an interest in the property, may file an ancillary charging instrument or information alleging that that property is subject to criminal forfeiture.__Upon commencement of a criminal forfeiture by indictment or information of any property that may be the subject of any pending civil action commenced pursuant to section 395, the civil action must be immediately stayed and subrogated to the criminal forfeiture action.__Discovery in the criminal action must be as provided by the Maine Rules of Criminal Procedure.

3.__Seizure upon finding of probable cause. Property subject to forfeiture that has not already been seized but has been