Montana Code 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.
Terms Used In Montana Code 46-5-212
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
- Property: means real and personal property. See Montana Code 1-1-205
(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.