§ 750.540dSeizure of devices, plans, instructions, or materials

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Sec. 540d.
     Any telecommunications access device, unlawful telecommunications access device, plans,
 instructions, or materials described in section 540c may be seized under warrant or incident to
 a lawful arrest. Upon conviction of a person for violation of section 540c, all of the following
 apply to the telecommunications device, counterfeit telecommunications device, plans,
 instructions, or materials involved in the violation that are seized under this section:
    (a) The telecommunications access device or materials shall be returned to the lawful owner
 of that device or materials unless he or she was convicted of the violation or had prior actual
 knowledge of and consented to the violation or unless the lawful owner cannot be determined
 or located.
    (b) The unlawful telecommunications access device, plans, or instructions and any
 telecommunications access device or materials not required to be returned to the lawful owner
 under subdivision (a) may be destroyed as contraband by the seizing law enforcement agency
 or retained and used by the seizing law enforcement agency for law enforcement purposes.
    (c) Any telecommunications access device or materials not required to be returned to the
 lawful owner under subdivision (a) may be turned over by the seizing law enforcement agency
 to the telecommunications service provider in the territory in which the seizure occurred.

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