Montana § 46-5-212 - Pawnbroker To Surrender Stolen Property -- Warrant

§ 46-5-212. Pawnbroker To Surrender Stolen Property -- Warrant

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.