2007 Minnesota Statutes

343.22 INVESTIGATION OF CRUELTY COMPLAINTS.
    Subdivision 1. Reporting. Any person who has reason to believe that a violation of this
chapter has taken place or is taking place may apply to any court having jurisdiction over actions
alleging violation of that section for a warrant and for investigation. The court shall examine
under oath the person so applying and any witnesses the applicant produces and the court shall
take their affidavits in writing. The affidavits must set forth facts tending to establish the grounds
for believing a violation of this chapter has occurred or is occurring, or probable cause to believe
that a violation exists. If the court is satisfied of the existence of the grounds of the application, or
that there is probable cause to believe a violation exists, it shall issue a signed search warrant and
order for investigation to a peace officer in the county. The order shall command the officer to
proceed promptly to the location of the alleged violation. The order may command that a doctor
of veterinary medicine accompany the officer.
    Subd. 2. Police investigation. The peace officer shall search the place designated in the
warrant and, together with the veterinary doctor, shall conduct an investigation of the facts
surrounding the alleged violation. The peace officer may retain in custody, subject to the order of
the court, any property or things which are specified in the warrant, including any animal if the
warrant so specifies. The warrant shall contain the names of the persons presenting affidavits in
support of the application and the grounds for its issuance. Service shall be made in accordance
with the provisions of sections 626.13, 626.14, and 626.16. The warrant must be executed and
returned to the court which issued the warrant within ten days after its date; after the expiration of
that time the warrant, unless executed, is void. The officer executing the warrant shall promptly
return the warrant to the court, and deliver to it a written inventory of the property or things
taken, verified by the certificate of the officer. The warrant and order for investigation issued
pursuant to this section and section 343.23 shall have the same force as a warrant issued pursuant
to chapter 626.
    Subd. 3. Disposal of animals. Upon a proper determination by a licensed doctor of veterinary
medicine, any animal taken into custody pursuant to this section may be immediately disposed
of when the animal is suffering and is beyond cure through reasonable care and treatment. All
other animals shall be disposed of as provided in section 343.235. The authority taking custody of
the animals may recover all costs incurred under this section.
History: 1971 c 647 s 1; 1974 c 299 s 1; 1981 c 53 s 3; 1986 c 444; 1987 c 394 s 8; 1991 c
122 s 1,2