1.    Except as provided in subsection 2, whenever property alleged to have been stolen or embezzled comes into the custody of a peace officer, the peace officer shall hold it subject to the order of the magistrate authorized by section 29-01-21 to direct the disposal thereof.

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2.    Subsection 1 does not apply to:

a.    Consumer goods, as defined in section 41-09-02; and

b.    Goods covered by a certificate of title if proof of certificate of title is presented to the peace officer.