76-9-301.6 - Dog fighting exhibition -- Authority to arrest and take possession of dogs and property. - Utah Statutes

76-9-301.6. Dog fighting exhibition -- Authority to arrest and take possession ofdogs and property.
(1) A peace officer as defined in Title 53, Chapter 13, Peace Officer Classifications, mayenter any place, building, or tenement where an exhibition of dog fighting is occurring, or wherepreparations are being made for such an exhibition and, without a warrant, arrest all personspresent.
(2) (a) Notwithstanding the provisions of Section 76-9-305, any authorized officer whomakes 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 ofdog 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), shallstate his name and provide other identifying information to the person in charge of the dogs orproperty taken.
(3) (a) After taking possession of dogs, paraphernalia, implements, or other property orthings under Subsection (2), the officer shall file an affidavit with the judge or magistrate beforewhom 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 takenwas used or employed, or was to be used or employed, in violation of Section 76-9-301 or76-9-301.1, and the grounds for the belief.
(4) (a) The officer shall deliver the confiscated property to the judge or magistrate whoshall, by order, place the property in the custody of the officer or any other person designated inthe order, and that person shall keep the property until conviction or final discharge of the personagainst whom the complaint was made.
(b) The person designated in Subsection (4)(a) shall assume immediate custody of theproperty, and retain the property until further order of the court.
(c) Upon conviction of the person charged, all confiscated property shall be forfeited anddestroyed or otherwise disposed of, as the court may order.
(d) If the person charged is acquitted or discharged without conviction, the court shall, ondemand, order the property to be returned to its owner.

Amended by Chapter 292, 2008 General Session