70-6-201 - Confiscation and disposal of wildlife and other articles illegally taken or used.
70-6-201. Confiscation and disposal of wildlife and other articles illegally taken or used.
(a) All officers of the wildlife resources agency, sheriffs and their deputies shall seize and take possession of any and all furs, fish, wild animals, wild birds, guns, rods, reels, nets, creels, boats or other instruments, tackle or devices that have been used, transported or possessed contrary to any laws or regulations promulgated by the wildlife resources commission, and impound and take them before the court trying the person arrested.
(b) Upon complaint showing probable cause for believing that any of the wild animals, wild birds or fish protected by any law or regulation are being illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause such building, car or receptacle to be searched. Any wild bird, wild animal, fish, articles, instruments, or devices seized in accordance with this section, shall be impounded by the arresting officer and taken before the court trying the person arrested.
(c) (1) Upon conviction, the court or jury trying the case shall, except as provided in §§ 70-4-116 70-4-118, determine whether or not the things seized shall be declared contraband.
(2) When any item is declared contraband, the court shall enter an order accordingly and the contraband property shall be placed in the custody of the arresting officer, to be delivered to the executive director for disposition. The executive director shall destroy or cause to be destroyed any prohibited device or any device deemed by the executive director to be in a dangerous condition. Any contraband property that is not destroyed shall be transferred to the commissioner of general services to be sold at public sale in the manner authorized for surplus property by title 12, chapter 2.
(3) All proceeds from the sale of confiscated articles shall be deposited in the wildlife resources fund.
[Acts 1951, ch. 115, § 39 (Williams, § 5178.68); 1959, ch. 145, § 4; impl. am. Acts 1974, ch. 481, §§ 6, 7, 9; Acts 1974, ch. 481, § 21; T.C.A. (orig. ed.), § 51-706; Acts 2007, ch. 65, § 1; 2009, ch. 213, § 1.]