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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-5-212. Pawnbroker to surrender stolen property--warrant - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-5-212/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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