(1) A law enforcement officer may take into
custody and detain for a reasonable time any specialized forest
products, authorizations, sales invoices, bills of lading, other
documents, and vehicles in which the specialized forest products
were transported if, under official inquiry, investigation, or
other authorized proceeding regarding specialized forest products
not covered by a valid permit or other acceptable document as
provided in this chapter, the inspecting law enforcement officer
has probable cause to believe that the specialized forest
products were obtained in violation of this chapter until the
true origin of the specialized forest products can be determined.
(2) A law enforcement officer may retain a specialized
forest products permit, true copy of a permit, authorization,
sales invoice, bill of lading, or other document required under
this chapter if the officer reasonably suspects that the document
is forged in violation of RCW 76.48.141, fraudulent, or stolen,
until the authenticity of the document can be verified.
(3)(a) If no arrest is made at the conclusion of the
official inquiry, investigation, or other authorized proceeding
for a violation of this chapter or another state law, all
materials detained under this section must be returned to the
person or persons from whom the materials were taken.
(b)(i) If an arrest does follow the inquiry, investigation,
or authorized proceeding, and the law enforcement officer has
probable cause to believe that a person is selling or attempting
to sell huckleberries, or is harvesting, in possession of, or
transporting specialized forest products in violation of this
chapter, any specialized forest products or huckleberries found
at the time of arrest may be seized.
(ii) If the specialized forest product triggering the arrest
is specialty wood, the law enforcement officer may also seize any
equipment, vehicles, tools, or paperwork associated with the
arrest.
(c) Materials seized under this chapter are subject to the
provisions of RCW 76.48.201.
[2009 c 245 § 20.]
NOTES:
Finding -- Intent -- 2009 c 245: See note following RCW 76.48.011.