A. Inspection: A peace officer, acting within the course and scope of employment, shall have the authority to inspect without warrant and during normal business hours all records required to be maintained by this part. A peace officer acting within the course and scope of employment, shall have the authority to inspect without warrant and during normal business hours those portions of licensee's business premises open to the public.
B. Seizure Of Property: A peace officer, pursuant to a warrant or waiver of warrant by the pawnbroker, may seize any article from a pawnbroker, which the officer has probable cause to believe is stolen property. The peace officer shall serve upon the pawnbroker a receipt which will include the law enforcement case number, if any, property description and reason for seizure.
1. If the seized property is to be held for evidentiary purposes in a criminal case, upon notification from the District Attorney, that the property is no longer needed as evidence in legal proceedings, or by court order, the Police Department shall notify the pawnbroker, by regular mail, of the pawnbroker's right to request a hearing to determine possession of personal property. Any written request for a hearing must be received by the Clerk of the Colorado Springs Municipal Court within fourteen (14) days after the notification of the right to request a hearing was mailed by the Police Department. The Police Department will then notify, by regular mail, any other persons known to claim a property interest of the date, time and place of the hearing once the hearing has been set by the Clerk of the Court.
2. If the seized property is not held as evidence, the peace officer shall immediately personally serve upon the pawnbroker, or its agent or employee, a notice of the right to request a hearing to determine possession of personal property. Any written request for a hearing must be received by the Clerk of the Colorado Springs Municipal Court within fourteen (14) days after personal service upon the pawnbroker, or its agent or employee. The Police Department will then notify, by regular mail, any other persons known to claim a property interest of the date, time, and of the hearing once the hearing has been set by the Clerk of the Court.
3. Absent a timely and complete request for a hearing, any release or other disposition of the seized property shall be according to Police Department Policy.
C. Hold Order:
1. A peace officer may order a pawnbroker to hold any tangible personal property deposited with or in the custody of any pawnbroker if the officer has reasonable suspicion to believe the property is connected with criminal activity, for the purpose of further investigation.
2. No sale or other disposition may be made of such property held by the pawnbroker while the hold order remains outstanding. The violation of this section by an agent or employee of a pawnbroker shall be deemed to be a violation of this section by the pawnbroker.
3. Any hold order shall be effective for ninety (90) days only, unless a criminal prosecution is undertaken with regard to any held property within the ninety (90) day period. If a criminal prosecution is undertaken, the Police Department shall notify the pawnbroker and the hold will remain in effect for an additional thirty (30) days during which time the Police Department may obtain a warrant or seek consent for seizure of the property. If the Police Department does not seize the property, pursuant to a warrant or consent, the hold shall expire at the conclusion of the additional thirty (30) day period. If the Police Department does seize the property, the provisions of subsection B1 of this section shall apply.
4. Within twenty (20) days of placing the original hold on any property, the Police Department shall notify any other persons known to claim a property interest in the item, by regular mail, of the location of the property, the duration of the hold, and the person's right to petition the District Court of the State of Colorado for return of the property.
D. Administrative Hearing To Determine Possession Of Personal Property:
1. Written Request For A Hearing: A written request for a hearing must be received by the Clerk of the Colorado Springs Municipal Court and include the person's current address and a daytime telephone number or, in the case of a pawnbroker, his or her business address and telephone number, a description of the property in question, and the law enforcement case number, if any.
2. Time And Place Of The Hearing: Upon receipt of a timely and complete written request for a hearing, the Clerk of the Colorado Springs Municipal Court shall notify the party requesting the hearing and the Police Department of the date, time and place of the hearing. The Police Department will then notify, by regular mail, any known persons claiming an interest in the property of the date, time and place for the hearing seven (7) days prior to the date of the hearing scheduled by the Municipal Court. The date of the hearing shall not exceed forty five (45) calendar days from the receipt of the request for a hearing, except that the time frame for the hearing may be extended by the Municipal Court upon good cause shown by a person known to claim an interest in the property.
3. Hearing Officer: The hearing shall be conducted by a hearing officer. The hearing officer shall be a Judge of the Municipal Court for the City of Colorado Springs, or should the Presiding Judge so designate, the Municipal Court Referee.
4. Proceedings: The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence.
5. Burden Of Proof: The burden of proof is on the requesting party to establish their superior right to the property by a preponderance of the evidence.
6. Decision And Order: The decision of the hearing officer shall be final and conclusive. Any property in the possession of the Police Department shall be returned to the person determined to have the right of possession at such time as any appeal deadlines have passed or if an appeal is taken when all appeals have been exhausted.
7. Appeal: A decision of the hearing officer may only be reviewed by a District Court of the State of Colorado pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 84-131; Ord. 01-42; Ord. 12-50)