Sec. 19.
(1) The owner of a wolf-dog cross may file a motion with the court having jurisdiction to return the wolf-dog cross on the grounds that the wolf-dog cross was illegally seized or that the wolf-dog cross is not subject to forfeiture under this act. The court shall hear the motion within 30 days after the motion is filed.
(2) At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the wolf-dog cross was seized, shall establish probable cause to believe that the wolf-dog cross is subject to forfeiture under this act and, if the owner claims the wolf-dog cross was illegally seized, that the wolf-dog cross was properly seized.
(3) If the attorney general or the attorney for the local unit in which the wolf-dog cross was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the wolf-dog cross.
(4) The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.
History: 2000, Act 246, Imd. Eff. June 29, 2000
Structure Michigan Compiled Laws
Act 246 of 2000 - Wolf-Dog Cross Act (287.1001 - 287.1023)
Section 287.1001 - Short Title.
Section 287.1002 - Definitions.
Section 287.1004 - Possession of Wolf-Dog Crosses; Conditions; Permit Requirements.
Section 287.1005 - Placement of Identification Number via Subcutaneous Microchip.
Section 287.1006 - Keeping Wolf-Dog Cross in Facility; Requirements; Exceptions.
Section 287.1007 - Transportation.
Section 287.1008 - Exportation.
Section 287.1009 - Rabies Vaccinaton.
Section 287.1010 - Exposure to Rabies.
Section 287.1012 - Liability of Owner or Possessor of Wolf-Dog Cross.
Section 287.1015 - Violation as Misdemeanor; Penalty; Additional Punishment; Exception.
Section 287.1016 - Violation; Civil Forfeiture.
Section 287.1017 - Seizure Order; Circumstances; Methods; Return of Wolf-Dog Cross to Victim.
Section 287.1018 - Seizure of Wolf-Dog Cross; Return to Owner; Notice of Seizure.
Section 287.1021 - Local Ordinances; Effect; Additional Requirements.
Section 287.1022 - Applicability of MCL 287.1004, 287.1005, 287.1006, 287.1008, and 287.1014.
Section 287.1023 - Providing Information to Pet Shops and Animal Shelters.