§ 57-31. Seizure.

A. 

Any peace or police officer shall have the power to seize as evidence without a warrant any rake, tong, dredge or device, other than a boat or vehicle, which he has cause to believe is being used or is possessed for the taking of shellfish in violation of this chapter, provided that the requirements of Subsection C following are fulfilled.

B. 

Any peace or police officer shall have the power to seize without a warrant for conservation, health or evidentiary purposes any shellfish taken or possessed in violation of this chapter, provided that the requirements of Subsection C following are fulfilled:

(1) 

Shellfish seized for conservation purposes shall be returned to the bay.

(2) 

Shellfish seized for health or evidentiary purposes shall be dealt with as provided in Subsection D.

C. 

Seizures of shellfish and/or devices without a warrant are permitted, provided that there is not ample opportunity to obtain a warrant prior to such seizure of such shellfish and/or devices and that such seizure is reasonable to prevent their concealment or destruction. Ample opportunity includes advance knowledge of the existence and precise location of the shellfish and/or devices to be seized.

D. 

Any peace or police officer shall have the power to retain custody of and provide for the safekeeping of anything seized as provided in Subsection A or B, as he deems appropriate, subject to the regulations of the Town and subject to an order of any court having jurisdiction, until a determination of any prosecution arising from the violation or alleged violation with respect to which they are in evidence.