750.540d Seizure of devices, plans, instructions, or materials.

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Sec. 540d.

Any telecommunications access device, unlawful telecommunications access device, plans, instructions, or materials described in section 540c may be seized under warrant or incident to a lawful arrest. Upon conviction of a person for violation of section 540c, all of the following apply to the telecommunications device, counterfeit telecommunications device, plans, instructions, or materials involved in the violation that are seized under this section:

(a)The telecommunications access device or materials shall be returned to the lawful owner of that device or materials unless he or she was convicted of the violation or had prior actual knowledge of and consented to the violation or unless the lawful owner cannot be determined or located.

(b)The unlawful telecommunications access device, plans, or instructions and any telecommunications access device or materials not required to be returned to the lawful owner under subdivision

(a)may be destroyed as contraband by the seizing law enforcement agency or retained and used by the seizing law enforcement agency for law enforcement purposes.

(c)Any telecommunications access device or materials not required to be returned to the lawful owner under subdivision

(a)may be turned over by the seizing law enforcement agency to the telecommunications service provider in the territory in which the seizure occurred.

History: Add. 1966, Act 75, Eff. Mar. 10, 1967 ;-- Am. 1996, Act 329 , Eff. Apr. 1, 1997 ;-- Am. 2002, Act 672 , Eff. Mar. 31, 2003