3-931. Enforcement powers and procedures

463 words·~2 min read·/az/title-3/3-931

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An employee, officer or agent of the department may enter in or on any premises or other place, train, vehicle or other means of transportation within or entering this state, if he has reason to believe there is present or on such premises or means of transportation a protected native plant taken, transported or possessed in violation of this chapter.

B. A power granted pursuant to this chapter to any person may be exercised by a deputy, inspector or agent of the authorized person. A person who is authorized to enforce this chapter, including an employee of a state, the United States or an Indian tribe with which cooperative agreements have been made by the director, has powers of a peace officer to enforce this chapter. It is unlawful to interfere with or hinder the actions of a peace officer or an officer or employee of the department in the enforcement of this chapter.

C. In the enforcement of this chapter, a peace officer or an officer or employee of the department may make arrests without warrant for a violation of this chapter which he may witness and may confiscate, or seize by the attachment of a "warning hold" notice, any protected native plant found without a valid and properly affixed tag and seal when required by this chapter, or any plant by-product, fiber or wood from protected native plants found in the possession of a person without a valid receipt if a receipt is required under this chapter.

It is unlawful to move or otherwise handle or dispose of any protected plant or part of a plant held under a "warning hold" notice, except with the express written permission of the enforcing officer, and for the specified purpose. Plants, by-products, fiber or wood confiscated under this subsection, if not released to the person from whom they were seized before such time, shall be disposed of by the department or pursuant to court order at the conclusion of the proceedings.

D. Devices, equipment or vehicles used in the illegal taking, transportation, destruction or mutilation of protected native plants may be seized by a peace officer or officer of the department on a temporary basis, not to exceed one working day, to permit the protected native plants or parts of plants involved in the illegal act to be moved to a secure location.

E. An officer, employee or agent of the department who is duly authorized to enforce this chapter, in addition to peace officers, may enforce title 41, chapter 4.1, article 4 and sections 13-3702 and 13-3702.01. Such an officer, employee or agent may make an arrest without warrant for violations witnessed by the officer, employee or agent and may confiscate archaeological and other specimens or objects if unlawfully excavated or collected.