2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 5. SEARCH AND SEIZURE
Part 2. Search Warrants
46-5-212. Pawnbroker to surrender stolen property -- warrant.

     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.