287.1117 Seizure order; circumstances; method; placement; return to crime victim.

401 words·~2 min read·/mi/chapter-287/287-1117

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 17.

(1)A law enforcement officer shall seize a large carnivore pursuant to an order of seizure issued by the court having jurisdiction over the large carnivore upon a showing of probable cause that the large carnivore is subject to forfeiture under section 16(1).

(2)A large carnivore subject to forfeiture under section 16(1) may be seized under any of the following circumstances:

(a)The seizure is incident to a lawful arrest for a violation of this act.

(b)The seizure is pursuant to a valid search warrant.

(c)The seizure is pursuant to an inspection under a valid administrative inspection warrant.

(d)There is probable cause to believe that the conditions under which the large carnivore or any other large carnivore owned by the same person is kept are directly or indirectly dangerous to human or animal health or safety.

(e)Exigent circumstances exist that preclude obtaining a court order, and there is probable cause to believe that this act has been violated.

(f)The large carnivore or any other large carnivore owned by the same person is the subject of a prior judgment in favor of this state in a forfeiture proceeding.

(3)If a seizure is to be accomplished by capture, tranquilization or other humane methods shall be used for the capture.

(4)A large carnivore seized under this act is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection

(5)and sections 18 and 19, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. When a large carnivore is seized under this act, the law enforcement officer may remove the large carnivore to a place designated by the court.

(5)A large carnivore that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

(a)When the crime victim last possessed the large carnivore, he or she was in violation of section 4.

(b)If the ownership of the large carnivore is disputed, until the dispute is resolved.

(c)If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.

History: 2000, Act 274 , Imd. Eff. July 7, 2000