405.05 - Seizure and destruction of fireworks.

§ 405.05 Seizure and destruction of fireworks.    Fireworks  possessed  unlawfully  may  be seized by any peace officer,  acting pursuant to his special  duties,  or  police  officer,  who  must  deliver  the  same  to the magistrate before whom the person arrested is  required to be taken. The magistrate must, upon the examination  of  the  defendant,  or  if  such  examination  is  delayed or prevented, without  awaiting such examination, determine  whether  the  fireworks  had  been  possessed  by  the  defendant  in violation of the provisions of section  270.00; and if he finds that the fireworks had been so possessed by  the  defendant,  he  must cause such fireworks to be destroyed, in a way safe  for the particular type of such fireworks, or to  be  delivered  to  the  district  attorney  of  the  county  in which the defendant is liable to  indictment or trial, as the interests of justice and public safety  may,  in  his  opinion,  require.  Upon  the  conviction of the defendant, the  district attorney must cause to be destroyed, in  a  way  safe  for  the  particular  type of such fireworks, the fireworks in respect whereof the  defendant stands convicted, and which remain in the possession or  under  the control of the district attorney.