Montana Pawnbroker to Surrender Stolen Property

Montana Code Annotated 
Title 46. Criminal Procedure
Chapter 5. Search and Seizure (Refs & Annos)
Part 2. Search Warrants

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.

Cited as Mont. Code Ann. § 46-5-212

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