167.437 Constructive possession of fighting birds or source birds; procedure. (1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source 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 or source 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 alleged fighting bird or source 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 an alleged fighting bird or source 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 or source 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. [2003 c.484 §6; 2017 c.276 §4]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 167 — Offenses Against General Welfare and Animals
2025 EDITION
GENERAL WELFARE AND ANIMAL OFFENSES
CRIMES AND PUNISHMENTS
PROSTITUTION AND RELATED OFFENSES
OBSCENITY AND RELATED OFFENSES
GAMBLING OFFENSES
OFFENSES INVOLVING CONTROLLED SUBSTANCES
OFFENSES AGAINST ANIMALS
OFFENSES INVOLVING FIGHTING BIRDS
OFFENSES INVOLVING UNUSED PROPERTY MARKETS
OFFENSES INVOLVING TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS
MISCELLANEOUS
PROSTITUTION AND RELATED OFFENSES
File SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:167.437 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 984428e6dd63ee5d956ce161d1f7ad303d074ea7c2934ffc71afb4ecb0e87814 Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.437 (all printed versions and notes)
Stored source content
167.437 Constructive possession of fighting birds or source birds; procedure. (1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source 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 or source 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 alleged fighting bird or source 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 an alleged fighting bird or source 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 or source 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. [2003 c.484 §6; 2017 c.276 §4]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
167.433 Seizure of fighting birds or source birds; procedure. (1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person.
(2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that the bird be impounded on the property of the owner, possessor or keeper of the bird. If a judge orders an alleged fighting bird or source bird impounded on the property of the owner, possessor or keeper of the bird, the court shall order the owner, possessor or keeper to provide all necessary care for the bird and to allow regular and continuing inspection of the bird by a person designated by the court, or the agent of a person designated by the court. The owner, possessor or keeper shall pay the costs of conducting the inspections. The court shall further order the owner, possessor or keeper not to sell or otherwise dispose of the bird unless the court authorizes the sale or disposition, or until the seized bird is forfeited pursuant to an order under ORS 167.435 or restored to the person pursuant to an order under ORS 133.643. [2003 c.484 §4; 2017 c.276 §2]