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

Montana Statutes

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

Montana § 46-5-212

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 2Search Warrants

This text of Montana § 46-5-212 (Pawnbroker To Surrender Stolen Property -- Warrant) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-5-212 (2026).

Text

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 i

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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.