7.09.130 Hold Orders, Issuance, Required Information, Procedures

(a) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated, the official may place a written hold order on the property. The hold order shall impose a holding period for not more than 90 days. The appropriate law enforcement official may rescind any hold order.

(b) Upon expiration of the holding period, if the appropriate law enforcement official has not notified the pawnbroker of any extension, title to the property shall vest in the pawnbroker unless the property is still the subject of restrictions contained in a valid pawn transaction contract.

(c) A hold order must specify:

(1) The name and address of the pawnbroker

(2) The name, title, and identification number of the appropriate law enforcement official placing the hold order

(3) Name and address of official's department and any case number assigned

(4) A complete description of the property to be held, including model number and serial number if applicable.

(5) Name of the person reporting the property to be misappropriated, unless otherwise prohibited by law.

(6) Mailing address of the pawnshop.

(7) Expiration date of the holding period.

(d) The pawnbroker or representative must sign and date a copy of the hold order as evidence of receipt of the holder and the beginning of the holding period.

(e) A pawnbroker may not release or dispose of property subject to a hold order except pursuant to an order from a court having jurisdiction over the matter in question. The release of property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property.