5.32.085 Police seizures, police holds, duties and obligations.
Subject to applicable state and federal statutory and constitutional provisions:
A. In addition to retention of property required by this code, any police officer, having probable cause to believe that any personal property taken by a pawnbroker or dealer by way of pledge, pawn or exchange in the possession of a pawnbroker or dealer is stolen, may seize such item at any time. In the event of such a seizure, the pawnbroker or dealer shall be entitled to a written receipt for the item from the police department.
B. In lieu of immediate seizure, a police officer may place a “hold” upon the property by making an entry upon the permanent record required by BCC 5.32.060, indicating that the item is stolen property. The pawnbroker or dealer shall then:
1. Tag or specifically identify the item; and
2. Hold it in place on the business premises of the pawnbroker or dealer to which police officers shall have access at any time during regular business hours; and
3. Keep the item safe from alteration, loss, damage or commingling with other goods.
C. No pawnbroker or dealer shall dispose of any item subject to a police hold in any manner; provided, that items subject to a police hold shall be surrendered to the chief of police upon request, or in compliance with a subpoena signed by a prosecuting attorney, or in compliance with an order of a court of competent jurisdiction; or as directed in a written release signed by the chief of police. (Ord. 4891 § 9, 1996; Ord. 3313 § 3, 1983.)