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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer.
(2) A peace officer who takes constructive possession of an alleged fighting bird pursuant to this section must do the following:
(a) Place a tag or other device approved by the law enforcement agency on the cage or other enclosure where the fighting bird is located. The tag or other device must clearly state that it is unlawful to conceal, remove or release the bird for purposes of interfering with law enforcement agency control over the bird.
(b) Notify the owner, possessor or keeper of the bird that the bird has been seized by the law enforcement agency and may not be concealed, removed or released until authorized by a court or as provided in this section.
(c) Promptly apply to an appropriate court for an order described in ORS 167.433.
(3) If a law enforcement agency takes constructive possession of a fighting bird under this section, the owner, possessor or keeper of the bird shall provide all necessary care for the bird.
(4) Constructive possession of an alleged fighting bird pursuant to this section terminates when a court order described in ORS 167.433 is served on the owner, possessor or keeper of the bird, or after 24 hours, whichever occurs first.
Cite this article: FindLaw.com - Oregon Revised Statutes Crimes and Punishments § 167.437 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-16-crimes-and-punishments/or-rev-st-sect-167-437/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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