An Act To Protect Licensed Pawnbrokers

Sec. 1. 25 MRSA §3508  is enacted to read:

§ 3508.  Pawnbrokers

Notwithstanding the provisions of this chapter, unless written consent is obtained a law enforcement officer may not take possession of suspected stolen property in the possession of a pawnbroker licensed under Title 30-A, section 3961 without a warrant clearly describing the property. If a law enforcement officer suspects that a pawnbroker is in possession of suspected stolen property, the officer must show the pawnbroker a copy of the police report that describes the stolen property with particularity, request that the pawnbroker place a hold on the property until a warrant is obtained, return to the pawnbroker with a warrant that clearly describes the property to be seized and give the pawnbroker a copy of the warrant and a receipt for the property with a statement that the property will be held for a court proceeding to determine the ownership of the property.

summary

This bill prohibits a law enforcement officer from seizing suspected stolen property from a pawnbroker without a warrant. A law enforcement officer who suspects that a pawnbroker is in possession of stolen property must show the pawnbroker the police report describing the stolen property, ask the pawnbroker to place the property on hold, return with a warrant that describes the property and upon seizure of the property give the pawnbroker a copy of the warrant and a receipt for the property along with a statement that the property will be held for determination by the court as to ownership.