3-931

3-931. Enforcement powers and procedures

A. An employee, officer or agent of the department may enter in or on any premises
or other place, train, vehicle or other means of transportation within or entering this
state, if he has reason to believe there is present or on such premises or means of
transportation a protected native plant taken, transported or possessed in violation of
this chapter.

B. A power granted pursuant to this chapter to any person may be exercised by a
deputy, inspector or agent of the authorized person. A person who is authorized to
enforce this chapter, including an employee of a state, the United States or an Indian
tribe with which cooperative agreements have been made by the director, has powers of a
peace officer to enforce this chapter. It is unlawful to interfere with or hinder the
actions of a peace officer or an officer or employee of the department in the enforcement
of this chapter.

C. In the enforcement of this chapter, a peace officer or an officer or employee of
the department may make arrests without warrant for a violation of this chapter which he
may witness and may confiscate, or seize by the attachment of a "warning hold" notice,
any protected native plant found without a valid and properly affixed tag and seal when
required by this chapter, or any plant by-product, fiber or wood from protected native
plants found in the possession of a person without a valid receipt if a receipt is
required under this chapter. It is unlawful to move or otherwise handle or dispose of
any protected plant or part of a plant held under a "warning hold" notice, except with
the express written permission of the enforcing officer, and for the specified
purpose. Plants, by-products, fiber or wood confiscated under this subsection, if not
released to the person from whom they were seized before such time, shall be disposed of
by the department or pursuant to court order at the conclusion of the proceedings.

D. Devices, equipment or vehicles used in the illegal taking, transportation,
destruction or mutilation of protected native plants may be seized by a peace officer or
officer of the department on a temporary basis, not to exceed one working day, to permit
the protected native plants or parts of plants involved in the illegal act to be moved to
a secure location.

E. An officer, employee or agent of the department who is duly authorized to
enforce this chapter, in addition to peace officers, may enforce title 41, chapter 4.1,
article 4 and sections 13-3702 and 13-3702.01. Such an officer, employee or agent may
make an arrest without warrant for violations witnessed by the officer, employee or agent
and may confiscate archaeological and other specimens or objects if unlawfully excavated
or collected.