46-5-212. Pawnbroker to surrender stolen property -- warrant.
193 words·~1 min read·
/mt/title-46/chapter-5/part-2/46-5-212A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-5-212 . Pawnbroker to surrender stolen property -- warrant.
(1)When a peace officer informs a pawnbroker or dealer who buys and sells secondhand merchandise that property pawned to or purchased by the pawnbroker or dealer is stolen property, as defined in 45-2-101 , the pawnbroker or dealer who buys and sells secondhand merchandise shall hold the property for 30 days upon issuance of an administrative warrant by a peace officer. Following the expiration of the 30-day period, the pawnbroker or dealer shall surrender the property to the peace officer upon demand. The peace officer shall give the pawnbroker or dealer a receipt for any property surrendered by the pawnbroker or dealer. During the 30-day period, the pawnbroker or dealer may appeal the validity of the administrative warrant in justice's court or in municipal court.
(2)As used in this section, "administrative warrant" means a warrant:
(a)issued by the administrative head, or the administrative head's designee, of the investigating agency of the jurisdiction;
(b)that describes the property to be held; and
(c)that states that the pawnbroker or dealer shall hold the property for 30 days from the date of receipt.