76-9-301.6. Dog fighting exhibition -- Authority to arrest and take possession of
dogs and property.
(1) A peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications, may
enter any place, building, or tenement where an exhibition of dog fighting is occurring, or where
preparations are being made for such an exhibition and, without a warrant, arrest all persons
present.
(2) (a) Notwithstanding the provisions of Section 76-9-305, any authorized officer who
makes an arrest under Subsection (1) may lawfully take possession of all dogs, paraphernalia,
implements, or other property or things used or employed, or to be employed, in an exhibition of
dog fighting prohibited by Subsection 76-9-301(2)(e) or Section 76-9-301.1.
(b) The officer, at the time of the taking of property pursuant to Subsection (2)(a), shall
state his name and provide other identifying information to the person in charge of the dogs or
property taken.
(3) (a) After taking possession of dogs, paraphernalia, implements, or other property or
things under Subsection (2), the officer shall file an affidavit with the judge or magistrate before
whom a complaint has been made against any person arrested under this section.
(b) The affidavit shall include:
(i) the name of the person charged in the complaint;
(ii) a description of all property taken;
(iii) the time and place of the taking of the property;
(iv) the name of the person from whom the property was taken;
(v) the name of the person who claims to own the property, if known; and
(vi) a statement that the officer has reason to believe and believes that the property taken
was used or employed, or was to be used or employed, in violation of Section 76-9-301 or
76-9-301.1, and the grounds for the belief.
(4) (a) The officer shall deliver the confiscated property to the judge or magistrate who
shall, by order, place the property in the custody of the officer or any other person designated in
the order, and that person shall keep the property until conviction or final discharge of the person
against whom the complaint was made.
(b) The person designated in Subsection (4)(a) shall assume immediate custody of the
property, and retain the property until further order of the court.
(c) Upon conviction of the person charged, all confiscated property shall be forfeited and
destroyed or otherwise disposed of, as the court may order.
(d) If the person charged is acquitted or discharged without conviction, the court shall, on
demand, order the property to be returned to its owner.
Amended by Chapter 292, 2008 General Session
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Last revised: Thursday, May 28, 2009