578.030. State highway patrol and other law enforcement officers, powers and duties to enforce animal protection. - Missouri Statutes

State highway patrol and other law enforcement officers,powers and duties to enforce animal protection.

578.030. 1. The provisions of section 43.200, RSMo,notwithstanding, any member of the state highway patrol or otherlaw enforcement officer may apply for and serve a search warrant,and shall have the power of search and seizure in order toenforce the provisions of sections 578.025 to 578.050.

2. Any member of the state highway patrol or other lawenforcement officer making an arrest under section 578.025 shalllawfully take possession of all dogs or other animals and allparaphernalia, implements, or other property or things used oremployed, or about to be employed, in the violation of any of theprovisions of section 578.025. Such officer, after takingpossession of such dogs, animals, paraphernalia, implements orother property or things, shall file with the court before whomthe complaint is made against any person so arrested an affidavitstating therein the name of the person charged in such complaint,a description of the property so taken and the time and place ofthe taking thereof together with the name of the person from whomthe same was taken and the name of the person who claims to ownsuch property, if known, and that the affiant has reason tobelieve and does believe, stating the ground of such belief, thatthe property so taken was used or employed, or was about to beused or employed, in such violation of section 578.025. He shallthereupon deliver the property so taken to the court, whichshall, by order in writing, place the same in the custody of anofficer or other proper person named and designated in suchorder, to be kept by him until the conviction or final dischargeof such person complained against, and shall send a copy of suchorder without delay to the prosecuting attorney of the county.The officer or person so named and designated in such order shallimmediately thereupon assume the custody of such property andshall retain the same, subject to the order of the court beforewhich such person so complained against may be required to appearfor trial. Upon the conviction of the person so charged, allproperty so seized shall be adjudged by the court to be forfeitedand shall thereupon be destroyed or otherwise disposed of as thecourt may order. In the event of the acquittal or finaldischarge without conviction of the person so charged, such courtshall, on demand, direct the delivery of such property so held incustody to the owner thereof.

(L. 1984 H.B. 1210 §§ 2, 4)