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WHAT TO DO WHEN ANIMAL CONTROL COMES KNOCKING

Discussion in 'Dog Discussion' started by CanineAthletes, May 13, 2018.

  1. CanineAthletes

    CanineAthletes RSS Feed

    What to do when Animal Control Comes Knocking
    by George J. Eigenhauser Jr. (Mr. Eigenhauser is an attorney at law licensed in the State of California since 1979 and practices in the areas of civil litigation and estate planning)

    ANTI-DOG ENFORCEMENT - What Every Dog Owner Needs to Know​

    Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may retaliate against dog owners and many other reasons drive complaints, and anti-dog enforcement action, which many times may be conducted illegally.

    The following text outlines methods of inquiry and enforcement which may be used by local officials in attempts to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the U.S. Constitution.

    No breeder or rescuer wants to have Animal Control come knocking on the door...but if they do, it will help if you know what your options are.

    Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: Never physically resist an officer.

    When Animal Control is At Your Door:
    1. Do not let them in, no matter how much they ask. Animal Control generally cannot enter your home without a warrant, or your permission. While regular police can enter in emergency situations when human life is at risk (i.e. they hear gunshots and a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them they may not come in.
    2. If you let them in, anything they find in "plain sight" can be used against you. In some circumstances Animal Control officers, unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation, they will.
    3. Do not talk to them from an open doorway. Step outside an close (and lock if possible) the door behind you. This is necessary because:​
    A) Anything they see through the open door is "plain sight" and may be the basis for an arrest, or probable cause for a search warrant.​
    B) If they make an arrest or even feel threatened they are usually permitted to search for weapons in your immediate area. Do you keep a baseball bat inside the door for your protection? Even if you don't, once they step inside to look, they are in your home and may continue to search.​
    C) It is hard not to be intimidated by someone in authority. Some animal control is even done by local police, who carry guns. It is easy for them to get "in your face", causing you to back up into the home. Once you go in, it will be interpreted as an invitation to follow.​
    4. If they claim to have a warrant, demand to see it. In general, a search warrant must be signed by a judge. A warrant to search your home for dogs does not include an inventory of your jewelry box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.
    5. In some locations dog owners may have obtained special "breeder or rescue permits" that stipulate that Animal Control has your permission to enter at any time. If you have signed such a permit they still cannot enter against your wishes, since you can revoke the permission at any time. However, if you refuse permission it may allow them to cancel your permit, so you have to weigh the consequences.
    6. WARNING - anyone in lawful possession of the premises may be able to give permission for a search. MAKE SURE your roommate, babysitter, dog-sitter, housekeeper and other know that they should not let animal control into your home or on your property (i.e. backyard, garage, etc.).​
    How to Handle Questions:
    1. Don’t answer any questions beyond identifying yourself for the officer. Anything you say to the officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win, except by remaining silent.
    2. Be polite but firm. Do not argue, bad-mouth, curse, threaten or try to intimidate the officer.
    3. Do not lie to an officer, ever. However, it is NOT a lie to exercise your right to remain silent.
    4. Keep your hands in plain sight. People have been shot by police when common objects, such as a wallet, were mistaken for a gun.
    5. Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful his or her actions.
    6. Don't try to tell your side of the story, it cannot help.
    7. Do not threaten the officer that you plan to file a complaint for their actions.
    8. If the questioning persists, demand to speak to a lawyer first. Repeat as necessary.
    Gathering the Facts:
    1. Get the name and badge number of each officer involved. If he/she does not volunteer this information, ask.
    2. Ask the name of the agency they represent. Different agencies have different enforcement responsibilities.
    3. Ask why they are there. Request the factual basis of the complaint and the identity of the complainant.
    4. If they have other people with them (Humane Society, press, etc.) get the names and organizations for all present.
    5. Note the names (and addresses) of any witnesses to the encounter.
    6. If you are physically injured by an officer, you should take photographs of the injuries immediately, but do not forego proper medical treatment first.
    7. Write down all of the information, as well as the date and time of the incident immediately, while details are fresh in your mind.
    8. If you rights are violated, file a complaint with the appropriate body.​
    If You Are Arrested:

    1. Remain silent. Answer no questions until you have consulted with a lawyer.
    2. Don't "explain" anything. You will have time for explanations after you have talked to a lawyer.
    3. Within a reasonable time they must allow you to make a phone call to get a lawyer or arrange bail. They are not allowed to listen to your phone call to your attorney, but they may "monitor" the rooms for "your protection". Do not say anything you do not want them to overhear; save that until after you are out on bail.​
    Telephone Inquiries or Threats:
    You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale. Other questions may also be asked. Your response should be to inquire "Are you interested in a puppy?". If the answer is "yes", ask that person for his/her name, address and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you. If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies. If the question asked is "What is the price of each puppy?", simply say that puppies of this type are being sold for between "X" and "Y" dollars. Never say that you are selling them. If the question asked is "Are these your puppies?", you should ask, "Why do you want to know?". If your conversation indicates that the person is representing the county clerk's office or allegedly representing an official body, ask the caller for:
    • Full name, title and phone number
    • Agency's full name and full address
    • Their supervisor's full name and phone number
    • Nature of the inquiry (what it is about)
    • Why the inquiry is being made
    • How your name and phone number were obtained
    • Ask that all future questions from that agency be submitted in writing

      Preventative Measures:
    1. Always keep you kennel clean and take good care of your animals.
    2. Consider a P.O. Box or other address for business cards and advertisements. Keep descriptions of your location general (i.e. Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.
    3. Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control or even Animal Rights working under cover.
    4. Don't allow strangers into your home until you have screened them.
    5. Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who doesn't like you parking in front of his house.
    6. Anything about you that can be observed in "plain sight" from the street or sidewalk can become probably cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home are visible from the outside and plan accordingly.
    7. If you are confronted by Animal Control and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.

    Whatever you do, stay calm and keep your wits about you. Just say "no", no matter what threats or promises of leniency they make. When in doubt, say nothing and speak to a lawyer afterwards.


    Permission to reprint and cross post is granted. From ADBA

    Continue reading...
     
  2. 80BOWTIE

    80BOWTIE Pup

    I’m headed to court in a few weeks for my dogs. Basically anti Pitbull laws. Dog must be nurtured, no tethering, no more than two dogs yada yada yada.....! Makes me want to leave dogs alone!
     
  3. oldguy

    oldguy Big Dog

    Feel it for you! The UK government banned pitbulls in 1991, took 1000's of dogs, mainly family companions and children's pets, most working dogmen already knew BSL was coming, they hid their dogs and flew under the radar until the government and their police flunkies found somebody new to persecute, but those horrible bastards completely traumatised young children by taking away their family pets and euthanizing them.. I'd never comply with their neutering, micro chipping, no tethering bullshit laws, they could kiss my spotty arse! I'd never surrender my dogs to them, I'd cull them first, be kinder anyway! Pit bulls a proud symbol of truth, freedom and courage, take away their balls and what they take next? Their brain? Fuckers won't be satisfied until our dogs walking round like Jack Nicholson after they fixed him in One Flew Over the Cuckoos Nest!
     
  4. pitbulld0gs

    pitbulld0gs Top Dog Staff Member

    When it comes to any kind of government agency it's "Do you have a warrant" and...

    funny-image-with-see-no-evil-speak-no-ev-635754493944064468-14393.jpg

    PERIOD!!!
     
  5. oldguy

    oldguy Big Dog

  6. pitbulld0gs

    pitbulld0gs Top Dog Staff Member

    This gos for anything really. Anything in plain sight is fair game to LEO's then it gives them probable cause. A lot of my friends still have no clue about their rights, they usually cave when they see a badge. Do you have a search warrant and am i being detained or am i free to go!
     
    Soze the killer likes this.
  7. Soze the killer

    Soze the killer Top Dog

    Don't lie to your wife,don't lie to your kids,don't whatever you do,lie to your self.don't lie about your dogs......but if the police,or a judge ask.fucking lie!!!!!!...................
     
  8. Soze the killer

    Soze the killer Top Dog

    And Oldguy,I would rather cull them to.rather then the scumbag pieces of shit get them!...they take them of people who feed there dogs properly,to put them in a small kennel surrounded by other mutts,(mutts what will pass all sort of shit,to your healthy dog)and feed them on the worse food eva,which makes the dog deteriorate.when the dog deteriorates of living in these terrible conditions,they take pictures of it and use it to make everyone feel sorry for the dog??wtf????..the dog was perfectly healthy before these cunts got there filthy hands on it!!!!!!...to me they are the crulest cunts in the world!!!!...it doesn't just go for bulldogs,it goes for all working dogs to......obviously bulldogs get the worce treatment...........
     
    oldguy likes this.
  9. Soze the killer

    Soze the killer Top Dog

    Good luck!!!....hope all works out!!!..........keep scratching!
     
  10. Soze the killer

    Soze the killer Top Dog

    One of my favourite sayings,what them skeletons are doing!!!.....
     
  11. c_note

    c_note CH Dog

    Can I call dibs this early??? Anything Eli, Mayday, or Boudreaux and it will be treated right and fair lol.... but serious
     
    oldguy likes this.
  12. slowstarter

    slowstarter Big Dog

    I know what I'm going to do. Grab my best one and head to the woods with a leash. Then repeat
     
  13. CockneyRebel

    CockneyRebel Big Dog

    Regret ever joining up on here.....
     
  14. slowstarter

    slowstarter Big Dog

    Unjoin...... it's easy
     
  15. slowstarter

    slowstarter Big Dog

    You say you regret joining but you have added zero to the board since joining. This thread is an example. You obviously have no dogs or you are the police. You talk of boxing and staffs. Do you have a plan on what your going to do when they come knocking? Let me guess..... shoot pool and drink beer with your co-workers........ lolol
     
  16. CockneyRebel

    CockneyRebel Big Dog

    Please tell me who are you again.......
     
    Holocaust likes this.
  17. slowstarter

    slowstarter Big Dog

    Why you still replying on a board you regret being on? Still trying to stop smoking too huh? I'm guessing you want my info for a possible sting operation? Sorry I have no dogs lolol
     
  18. CockneyRebel

    CockneyRebel Big Dog

    Your name is apt, you are a virgin on here. What a stupid thread in the first place. If you don't understand what I'm getting at then you're more slow than I imagined.....
     
  19. slowstarter

    slowstarter Big Dog

    Trust me when I say you have have less that will vouch for you on this board than I do. I have rubbed shoulders with some good people and have forgot more knowledge than you know I promise. I love to be a computer virgin so thank you for the compliment. I am in the hospital waiting on a nephew to get here so I have time to stir the pot today. I am sorry you do not know me, I have been raking turds, changing water bowls, and trying to stay parasite free so I have not had to much time to get on.

    With that being said........If you do not think this thread is informative then move on. There are a lot of people that make key mistakes when them folks (I think you are one of them) come knocking. Me for one suggest a gate will be a very crucial piece of equipment that one can start off by having that can buy a little extra time. Also a knocked over water bowl can cause enough attention for one to walk in and claim there is neglect by not having access to water so I suggest a concrete water bowl.
     

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