367.047. Hold order in effect, pawnbroker may release property to peace officer, not waiver of property rights--sale of property under hold order prohibited.
Hold order in effect, pawnbroker may release property to peaceofficer, not waiver of property rights--sale of property under holdorder prohibited.
367.047. 1. Upon written notice from a law enforcement officerindicating that property in the possession of a pawnbroker and subject to ahold order is needed for the purpose of furthering a criminal investigationand prosecution, the pawnbroker shall release the property subject to thehold order to the custody of the law enforcement officer for such purposeand the officer shall provide a written acknowledgment that the propertyhas been released to the officer. The release of the property to thecustody of the law enforcement officer shall not be considered a waiver orrelease of the pawnbroker's property rights or interest in the property.Upon completion of the criminal investigation, the property shall bereturned to the pawnbroker who consented to its release; except that if thelaw enforcement officer has not completed the criminal investigation withinone hundred twenty days after its release, the officer shall immediatelyreturn the property to the pawnbroker or obtain and furnish to thepawnbroker a warrant for the continued custody of the property.
2. Except as provided in subsection 1 of this section, the pawnbrokershall not release or dispose of the property except pursuant to a courtorder or the expiration of the holding period of the hold order, includingall extensions.
(L. 1993 S.B. 18, A.L. 1998 H.B. 1526)