(a) All officers of the wildlife resources agency, sheriffs and their deputies shall
seize and take possession of any and all furs, fish, wild animals, wild birds, guns,
rods, reels, nets, creels, boats or other instruments, tackle or devices that have
been used, transported or possessed contrary to any laws or regulations promulgated
by the fish and wildlife commission, and impound and take them before the court trying
the person arrested.
(b) Upon complaint showing probable cause for believing that any of the wild animals,
wild birds or fish protected by any law or regulation are being illegally kept in
any building, car or receptacle, any court having jurisdiction may issue a search
warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance
with this section, shall be impounded by the arresting officer and taken before the
court trying the person arrested.
(c)(1) Upon conviction, the court or jury trying the case shall, except as provided
in §§ 70-4-116 -- 70-4-118, determine whether or not the things seized shall be declared contraband.
(2) When any item is declared contraband, the court shall enter an order accordingly
and the contraband property shall be placed in the custody of the arresting officer,
to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device
or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner
of general services to be sold at public sale in the manner authorized for surplus
property by title 12, chapter 2.
(3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife
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 or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.