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You ever wonder what kind of guard would rifle through your pockets for stolen apples, but leave the blatantly illegal skooma? Or why exactly human flesh and hearts, or potions made out of human blood, don't seem to trip any red flags? How about walking around with an empty black soul gem, which basically screams "I am going to kill a man and perform necromancy on him?" These are some remarkably tolerant guards.
When you are arrested or pay off your bounty, guards will now confiscate illegal or massively sketchy items in addition to stolen goods, and put them in the stolen goods chest. These items include:
Skooma
Sleeping Tree Sap
Moon Sugar
Human Flesh
Human Heart
Black Soul Gems
Redwater Skooma
Potion of Blood
Like vanilla stolen items, confiscated items are not gone forever, they just require some creative liberation.