46-5-212. Pawnbroker to surrender stolen property -- warrant. (1) When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101, the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court.
(2) As used in this section, "administrative warrant" means a warrant:
(a) issued by the administrative head, or the administrative head's designee, of the investigating agency of the jurisdiction;
(b) that describes the property to be held; and
(c) that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt.
History: En. Sec. 2, Ch. 470, L. 1989; amd. Sec. 1, Ch. 344, L. 1993; amd. Sec. 1, Ch. 310, L. 1995; amd. Sec. 1, Ch. 12, L. 1997.
Structure Montana Code Annotated
46-5-208. Renumbered 46-5-228 (1)
46-5-209. Renumbered 46-5-228 (2)
46-5-210. and 46-5-211 reserved
46-5-212. Pawnbroker to surrender stolen property -- warrant
46-5-213. through 46-5-219 reserved
46-5-220. Authority to issue search warrant
46-5-221. Grounds for search warrant
46-5-222. Search warrants issued electronically or by telephone
46-5-223. To whom search warrant directed
46-5-224. What may be seized with search warrant
46-5-225. When warrant may be served
46-5-226. Service of search warrant
46-5-227. Service and return of search warrant
46-5-228. Procedures assisting in execution of service of search warrant