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150.120 Seizure and sale of contraband.
(1)
(2)
(3)
(4)
The commissioner, all conservation officers, persons appointed by the
commissioner, and all peace officers and their deputies shall seize and take
possession of any and all furs, wildlife, guns, dogs, instruments, boats or
devices which have been taken, used, transported or possessed contrary to
any law or regulation adopted under this chapter. Upon complaint showing
probable cause for believing that any of the wildlife protected by any law or
regulation are illegally kept in any building, car or receptacle, any court having
jurisdiction may issue a search warrant and cause the same to be searched.
Any wildlife, furs, guns, dogs, instruments, or devices seized in accordance
with this section shall be impounded by the arresting officer and shall be taken
before the court trying the person arrested.
Upon conviction, the court trying the case shall have the discretion of
determining whether or not any of the things seized under the provisions of
subsection (1) of this section shall be declared contraband. Any wildlife, fur or
dog taken, and any device used or possessed contrary to the provisions of this
chapter, or any regulations adopted hereunder, is subject to being declared
contraband. When any such item is declared contraband, the court shall enter
an order accordingly. A copy of the order shall be forwarded to the
commissioner and the contraband shall be placed in the custody of the
arresting officer, to be delivered to the commissioner.
The commissioner may sell to the residents of this state, at the highest market
price obtainable, with the approval of the Governor and the Finance and
Administration Cabinet all contraband which comes to his possession under
the order of any court, or which has been seized under this chapter and
declared to be contraband under any law relating to fish or wildlife. All
proceeds arising from the sale of contraband articles shall be paid into the
game and fish fund. A record of the sale, including the name of the purchaser
and the price paid, shall be kept by the commissioner.
Any device or contrivance, the use of which is not expressly recognized and
sanctioned by the provisions of this chapter for the taking of wildlife, is hereby
declared to be an illegal device. No person shall have in his possession any
illegal device or other thing prohibited by law or by any regulation adopted
under this chapter for the taking of wildlife.
Effective:July 15, 1986
History: Amended 1986 Ky. Acts ch. 265, sec. 4, effective July 15, 1986. -Amended 1956 Ky. Acts ch. 115, sec. 9, effective May 18, 1956. -- Amended
1952 Ky. Acts ch. 200, sec. 19. -- Amended 1948 Ky. Acts ch. 78, sec. 5. -Amended 1942 Ky. Acts ch. 68, sec. 12. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1954d-21, 1954d-27.
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