WILLIAM DONALD SCHAEFER, Governor                   Ch. 743

1-2A-01.

(A)  UNLESS OTHERWISE PROVIDED BY LAW, THE DEPARTMENT SHALL
MAINTAIN CUSTODY OF ANY ABANDONED, LOST, OR SEIZED PERSONAL
PROPERTY THAT COMES INTO THE CUSTODY OF THE DEPARTMENT UNTIL THE
DEPARTMENT DETERMINES THAT THE CUSTODY BY THE DEPARTMENT IS NOT
NECESSARY TO ANY INVESTIGATION OR PROSECUTION.

(B)  UNLESS OTHERWISE PROVIDED BY LAW, AFTER A DETERMINATION
DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT
SHALL RETURN ABANDONED, LOST, OR SEIZED PERSONAL PROPERTY TO THE
PERSON WHO:

(1)  ESTABLISHES THE PERSON'S RIGHT TO POSSESSION OF
THE ABANDONED, LOST, OR SEIZED PERSONAL PROPERTY; AND

(2)  GIVES A PROPER RECEIPT FOR THE ABANDONED, LOST,
OR SEIZED PERSONAL PROPERTY.

(C)  (1) UNLESS OTHERWISE PROVIDED BY LAW, IF ABANDONED,
LOST, OR SEIZED PERSONAL PROPERTY IS IN THE CUSTODY OF THE
DEPARTMENT FOR 6 MONTHS OR CUSTODY BY THE DEPARTMENT IS NOT
NECESSARY TO ANY INVESTIGATION OR PROSECUTION, THE DEPARTMENT
SHALL GIVE NOTICE BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF
THE PERSON ENTITLED TO POSSESSION, IF KNOWN.

(2) UNLESS OTHERWISE PROVIDED BY LAW, IF THE PERSON
ENTITLED TO POSSESSION OF THE ABANDONED, LOST, OR SEIZED PERSONAL
PROPERTY FAILS TO RESPOND TO THE NOTICE DESCRIBED UNDER THIS
SUBSECTION WITHIN 30 DAYS FROM THE DATE THE NOTICE IS MAILED, THE
DEPARTMENT MAY DISPOSE OF THE PROPERTY IN THE BEST INTEREST OF
THE STATE.

4-2A-07.

(b) Any natural resource police officer or any law
enforcement officer may conduct searches as provided by law, and
execute a warrant to search for and seize any equipment, business
records, merchandise, fish taken, used or possessed in connection
with a violation of any subsection. Any natural resources police
officer or law enforcement officer, without a warrant, may arrest
any person who the officer has probable cause to believe is
violating, in his presence or view, this subtitle, any rule or
regulation, or permit provided for by this subtitle. Any natural
resource police officer or law enforcement officer who has made
an arrest of a person in connection with any violation may search
the person, premises, or business records at the time of arrest
and may seize any fish, records, or property taken, or used in
connection with any violation.

(c) Equipment, merchandise, fish or records seized under
the provisions of subsection (b) shall be held by any natural
resource police officer or law enforcement officer pending

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