Maine Revised Statutes Title 17 Sec. 1034 – Application for search warrant
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Terms Used In Maine Revised Statutes Title 17 Sec. 1034
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 17 Sec. 1011
- Humane agent: means an employee of the Department of Agriculture, Conservation and Forestry who assists in enforcing this chapter. See Maine Revised Statutes Title 17 Sec. 1011
- Law enforcement officer: means any person who, by virtue of his public employment, is vested by law with a duty to maintain public order, enforce any law of this State establishing a civil violation, prosecute offenders or make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 17 Sec. 1011
- Owner: means any person, firm, partnership, association or corporation owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 17 Sec. 1011
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Warrant: means an order of municipal officers directing a police officer, constable, sheriff or animal control officer to enter a complaint and summons against the owners or keepers of unlicensed dogs following notice of and noncompliance with a violation of law. See Maine Revised Statutes Title 17 Sec. 1011
A law enforcement officer or humane agent, having probable cause to believe that a violation of section 1031, 1032 or 1033 has taken place or is taking place, shall enter the premises where the animal is kept with the consent of the owner or shall make application for a search warrant. If the judge or justice of the peace is satisfied that probable cause exists, he shall issue a search warrant directing a law enforcement officer or humane agent in the county to proceed immediately to the location of the alleged violation and directing the law enforcement officer or humane agent to search the place designated in the warrant, retaining in his custody, subject to the order of the court, such property or things as specified in the warrant, including any animal. [PL 1987, c. 736, §28 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §4 (NEW). PL 1987, c. 736, §28 (AMD).