People v. a BLUE CHEVROLET ASTRO

This is an in rem civil forfeiture proceeding involving two vehicles seized at a cockfight, pursuant to Penal Code section 599aa (all further references to undesignated statutory sections are to the Penal Code unless otherwise indicated). Under section 599aa, an officer making an arrest under provisions relating to animal or bird fighting “may, lawfully take possession of all birds or animals and all paraphernalia, implements or other property or things used or employed” in the violation of such fighting provisions. Section 599aa further states that upon conviction of the arrested person, “all property . . . seized shall be adjudged by the court to be forfeited . . . .” (§ 599aa, subd. (f).)

We conclude that vehicles that are used merely to transport fighting birds and equipment to the site of the fight—and that are not directly used in animal or bird fighting, or in a fighting exhibition, or in the training of animals or birds to fight, or to inflict pain or cruelty upon animals or birds in respect to such fighting—cannot be seized (other than for standard evidentiary purposes) or forfeited under section 599aa. Consequently, we reverse the judgment of forfeiture…