150.120 Seizure and sale of contraband.
415 words·~2 min read·
/ky/chapter-150/150-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The commissioner, all game wardens, persons appointed by the commissioner, and
all peace officers and their deputies shall seize and take possession of any and all
furs, wildlife, guns, dogs, instruments, boats, or devices which have been taken,
used, transported, or possessed contrary to any law or regulation adopted under this
chapter. Upon complaint showing probable cause for believing that any of the
wildlife protected by any law or regulation are illegally kept in any building, car, or
receptacle, any court having jurisdiction may issue a search warrant and cause the
same to be searched. Any wildlife, furs, guns, dogs, instruments, or devices seized
in accordance with this section shall be impounded by the arresting officer and shall
be taken before the court trying the person arrested.
(2)Upon conviction, the court trying the case shall have the discretion of determining
whether or not any of the things seized under the provisions of subsection
(1)of this
section shall be declared contraband. Any wildlife, fur or dog taken, and any device
used or possessed contrary to the provisions of this chapter, or any regulations
adopted hereunder, is subject to being declared contraband. When any such item is
declared contraband, the court shall enter an order accordingly. A copy of the order
shall be forwarded to the commissioner and the contraband shall be placed in the
custody of the arresting officer, to be delivered to the commissioner.
(3)The commissioner may sell to the residents of this state, at the highest market price
obtainable, with the approval of the commission all contraband which comes to his
or her possession under the order of any court, or which has been seized under this
chapter and declared to be contraband under any law relating to fish or wildlife. All
proceeds arising from the sale of contraband articles shall be paid into the game and
fish fund, and shall be subject to audit by the Auditor of Public Accounts under
KRS 150.152. A record of the sale, including the name of the purchaser and the
price paid, shall be kept by the commissioner.
(4)Any device or contrivance, the use of which is not expressly recognized and
sanctioned by the provisions of this chapter for the taking of wildlife, is hereby
declared to be an illegal device. No person shall have in his or her possession any
illegal device or other thing prohibited by law or by any regulation adopted under
this chapter for the taking of wildlife.