Utah Code 23A-5-201. Enforcement authority of conservation officers — Seizure and disposition of property
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(1) A conservation officer shall enforce the provisions of this title in accordance with the same procedures and requirements for a law enforcement officer of this state.
Terms Used In Utah Code 23A-5-201
- Conservation officer: means a full-time, permanent employee of the division who is POST certified as a peace or a special function officer. See Utah Code 23A-1-101
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
- Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(2)(2)(a) Except as provided in Subsection (2)(b), a conservation officer may seize property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.(2)(b) A conservation officer shall seize protected wildlife illegally taken or held.(3)(3)(a) If a conservation officer seizes wildlife as part of an investigation or prosecution of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for the offense, the division is not required to retain the wildlife under Title 77, Chapter 11c, Retention of Evidence.(3)(b) If the division does not retain wildlife under Subsection (3)(a), the division is required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution of a person for the offense.(4)(4)(a) If a conservation officer seizes wildlife and the wildlife or parts of the wildlife are perishable, the division may donate the wildlife or parts of the wildlife to be used for charitable purposes.(4)(b) If wildlife or parts of the wildlife are perishable and are not fit to be donated for charitable purposes under Subsection (4)(a), the division may dispose of the wildlife or parts of the wildlife in a reasonable manner.(5)(5)(a) If a defendant is convicted of the offense for which protected wildlife is seized and the division is permitted by law to sell or dispose of the protected wildlife, the division may sell or dispose of the protected wildlife or part of the wildlife.(5)(b) The division may not sell migratory wildfowl but the division shall donate the migratory wildfowl to be used for charitable purposes.(5)(c) The division shall deposit the proceeds from the sale of protected wildlife into the Wildlife Resources Account.(6) If the division disposes of wildlife and the defendant is acquitted of the offense for which the wildlife is seized or the entire case for the offense is dismissed, the court may order the division to:(6)(a) provide the owner of the disposed wildlife with wildlife that is reasonably equivalent in value to the disposed wildlife within 180 days after the day on which the court enters the order; or(6)(b) if the division is unable to obtain wildlife that is reasonably equivalent in value to the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the disposed wildlife in accordance with Subsection
23A-5-312 (2) within 180 days after the day on which the court enters the order.(7)(7)(a) If a conservation officer seizes a vehicle under Section77-11a-201 , the division shall store the seized vehicle in a public or private garage, state impound lot, or any other secured storage facility.(7)(b) The division shall release a seized vehicle to the owner no later than 30 days after the day on which the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person charged with a felony under this title.(7)(c) The owner of a seized vehicle is liable for the payment of any impound fee if:(7)(c)(i) the owner used the vehicle for the unlawful taking or possessing of wildlife; and(7)(c)(ii) the owner is convicted of an offense under this title.(7)(d) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:(7)(d)(i) no charges are filed or all charges are dropped that involve the use of the vehicle for the unlawful taking or possessing of wildlife;(7)(d)(ii) the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or(7)(d)(iii) the owner did not consent to a use of the vehicle that violates this chapter.