§ 45-20 — Effect of hold order

Sec. 45-20. - Effect of hold order.

The manager of safety, or any authorized police officer, may order a pawnbroker to hold any article deposited within or in custody of any pawnbroker for purposes of further investigation by the Denver Police Department. This order may be initiated by telephone message, other electronic transmission, or written form which specifically identifies the article to be held and notifies the pawnbroker of the police report number concerning the article. Such an order will automatically expire after thirty (30) days unless the manager of safety or an authorized police officer extends the order for no more than an additional thirty (30) days. The manager of safety or an authorized police officer may, pursuant to warrant or waiver of warrant by the pawnbroker, seize any article from a pawnbroker. The pawnbroker may, within no more than twenty (20) days following the seizure of such article, file a motion for return of property pursuant to the Colorado Rules of Criminal Procedure Rule 41(e) or the Colorado Municipal Court Rules of Procedure Rule 241(e) in the appropriate court. Any pawnbroker who files a motion for return of property shall serve a copy of the motion upon the manager of safety or a person designated by the manager of safety to accept service of such motions, and also serve a copy of the motion upon the Denver District Attorney's Office if the value of the article is four hundred dollars ($400.00) or more, or upon the City Attorney's Office if the value of the article is less than four hundred dollars ($400.00). Unless the opportunity to file such a motion has been waived, the police shall hold the article seized for a twenty-day period. If a motion for return of property is properly filed and served as stated in this section, the police shall hold the article seized until the motion is resolved by the court.

(Ord. No. 793-86, § 1, 11-17-86; Ord. No. 60-97, § 2, 1-27-97)