§ 6-11.1-5 Fourteen day holding period– Recovery of stolen property – Return to rightful owner. – (a) All persons licensed under this chapter shall retain in their possession inan unaltered condition for a period of fourteen (14) days all precious metalsor articles made from or containing a precious metal including catalyticconverters except items of bullion, including coins, bars, and medallions,which do not contain serial numbers or other identifying marks. The fourteen(14) day holding period shall commence with the date the report of itsacquisition was delivered to or received through the mails by the chief ofpolice or the attorney general, whichever is later. The records so received bythe chief of police and the attorney general shall be available for inspectiononly by law enforcement officers for law enforcement purposes. If the chief ofpolice has probable cause that precious metals or an article made from orcontaining a precious metal has been stolen, he or she may give notice, inwriting, to the person licensed, to retain the metal or article for anadditional period of fifteen (15) days, and the person shall retain theproperty for this additional fifteen (15) day period, unless the notice isrecalled, in writing, within the fifteen (15) day period; within the fifteen(15) day period the chief of police, or his or her designee, shall designate,in writing, an officer to secure the property alleged to be stolen and thepersons in possession of the property shall deliver the property to the officerupon display of the officer's written designation by the chief of police or hisor her designee. Upon receipt of the property from the officer, the clerk orperson in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article. The clerk or person in charge of the storageof alleged stolen property shall deliver the property to the owner of theproperty upon satisfactory proof of ownership, without any cost to the owner,provided that the following steps are followed:
(1) A complete photographic record of the property is made;
(2) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered;
(3) The person from whom the custody of the property wastaken is served with written notice of the claim of ownership and is given ten(10) days from the mailing of the notice to file a petition in district courtobjecting to the delivery of the property to the person claiming ownership. Ifa petition is filed in a timely manner, the district court shall at a hearingdetermine by a preponderance of the evidence that the property was stolen andthat the person claiming ownership of the property is the true owner. Thedecision of the district court may only be appealable by writ of certiorari tothe supreme court.
(b) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section. Thephotographic record of the alleged stolen property shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property; provided that the clerk in charge of the storage ofthe alleged stolen property shall take photographs of the property, and thosephotographs shall be tagged and marked and remain in his possession or control.
§ 6-11.1-5 Fourteen day holding period– Recovery of stolen property – Return to rightful owner. – (a) All persons licensed under this chapter shall retain in their possession inan unaltered condition for a period of fourteen (14) days all precious metalsor articles made from or containing a precious metal including catalyticconverters except items of bullion, including coins, bars, and medallions,which do not contain serial numbers or other identifying marks. The fourteen(14) day holding period shall commence with the date the report of itsacquisition was delivered to or received through the mails by the chief ofpolice or the attorney general, whichever is later. The records so received bythe chief of police and the attorney general shall be available for inspectiononly by law enforcement officers for law enforcement purposes. If the chief ofpolice has probable cause that precious metals or an article made from orcontaining a precious metal has been stolen, he or she may give notice, inwriting, to the person licensed, to retain the metal or article for anadditional period of fifteen (15) days, and the person shall retain theproperty for this additional fifteen (15) day period, unless the notice isrecalled, in writing, within the fifteen (15) day period; within the fifteen(15) day period the chief of police, or his or her designee, shall designate,in writing, an officer to secure the property alleged to be stolen and thepersons in possession of the property shall deliver the property to the officerupon display of the officer's written designation by the chief of police or hisor her designee. Upon receipt of the property from the officer, the clerk orperson in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article. The clerk or person in charge of the storageof alleged stolen property shall deliver the property to the owner of theproperty upon satisfactory proof of ownership, without any cost to the owner,provided that the following steps are followed:
(1) A complete photographic record of the property is made;
(2) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered;
(3) The person from whom the custody of the property wastaken is served with written notice of the claim of ownership and is given ten(10) days from the mailing of the notice to file a petition in district courtobjecting to the delivery of the property to the person claiming ownership. Ifa petition is filed in a timely manner, the district court shall at a hearingdetermine by a preponderance of the evidence that the property was stolen andthat the person claiming ownership of the property is the true owner. Thedecision of the district court may only be appealable by writ of certiorari tothe supreme court.
(b) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section. Thephotographic record of the alleged stolen property shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property; provided that the clerk in charge of the storage ofthe alleged stolen property shall take photographs of the property, and thosephotographs shall be tagged and marked and remain in his possession or control.
§ 6-11.1-5 Fourteen day holding period– Recovery of stolen property – Return to rightful owner. – (a) All persons licensed under this chapter shall retain in their possession inan unaltered condition for a period of fourteen (14) days all precious metalsor articles made from or containing a precious metal including catalyticconverters except items of bullion, including coins, bars, and medallions,which do not contain serial numbers or other identifying marks. The fourteen(14) day holding period shall commence with the date the report of itsacquisition was delivered to or received through the mails by the chief ofpolice or the attorney general, whichever is later. The records so received bythe chief of police and the attorney general shall be available for inspectiononly by law enforcement officers for law enforcement purposes. If the chief ofpolice has probable cause that precious metals or an article made from orcontaining a precious metal has been stolen, he or she may give notice, inwriting, to the person licensed, to retain the metal or article for anadditional period of fifteen (15) days, and the person shall retain theproperty for this additional fifteen (15) day period, unless the notice isrecalled, in writing, within the fifteen (15) day period; within the fifteen(15) day period the chief of police, or his or her designee, shall designate,in writing, an officer to secure the property alleged to be stolen and thepersons in possession of the property shall deliver the property to the officerupon display of the officer's written designation by the chief of police or hisor her designee. Upon receipt of the property from the officer, the clerk orperson in charge of the storage of alleged stolen property for a policedepartment shall enter into a book a description of every article of propertyalleged to be stolen which was brought to the police department and shallattach a number to each article. The clerk or person in charge of the storageof alleged stolen property shall deliver the property to the owner of theproperty upon satisfactory proof of ownership, without any cost to the owner,provided that the following steps are followed:
(1) A complete photographic record of the property is made;
(2) A signed declaration of ownership under penalty ofperjury is obtained from the person to whom the property is delivered;
(3) The person from whom the custody of the property wastaken is served with written notice of the claim of ownership and is given ten(10) days from the mailing of the notice to file a petition in district courtobjecting to the delivery of the property to the person claiming ownership. Ifa petition is filed in a timely manner, the district court shall at a hearingdetermine by a preponderance of the evidence that the property was stolen andthat the person claiming ownership of the property is the true owner. Thedecision of the district court may only be appealable by writ of certiorari tothe supreme court.
(b) The clerk or person in charge of the storage of allegedstolen property shall not be liable for damages for any official act performedin good faith in the course of carrying out the provisions of this section. Thephotographic record of the alleged stolen property shall be allowed to beintroduced as evidence in any court of this state in place of the actualalleged stolen property; provided that the clerk in charge of the storage ofthe alleged stolen property shall take photographs of the property, and thosephotographs shall be tagged and marked and remain in his possession or control.
