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**MUST READ** What to Do When Animal Control Comes Knocking

Discussion in 'Dog Discussion' started by BullDog143, Dec 7, 2008.

  1. BullDog143

    BullDog143 Big Dog

    Anti-<wbr>dog enfor<wbr>cemen<wbr>t – What every<wbr> dog owner<wbr> needs<wbr> to know.


    Dog owner<wbr>s and ethic<wbr>al breed<wbr>ers are incre<wbr>asing<wbr>ly being<wbr> targe<wbr>ted.
    Disgr<wbr>untle<wbr>d
    neigh<wbr>bors may retal<wbr>iate again<wbr>st dog owner<wbr>s and many other<wbr> reaso<wbr>ns drive<wbr> compl<wbr>aints<wbr>,
    and anti-<wbr>dog enfor<wbr>cemen<wbr>t actio<wbr>n, which<wbr> many times<wbr> may be condu<wbr>cted illeg<wbr>ally.


    The follo<wbr>wing text outli<wbr>nes metho<wbr>ds of inqui<wbr>ry and enfor<wbr>cemen<wbr>t which<wbr> may be used
    local<wbr> offic<wbr>ials in attem<wbr>pts to enfor<wbr>ce anti-<wbr>dog ordin<wbr>ances<wbr> in your commu<wbr>nity and
    sugge<wbr>sted techn<wbr>iques<wbr> of respo<wbr>nse.
    These<wbr> techn<wbr>iques<wbr> are entir<wbr>ely legal<wbr> and based<wbr> upon
    the right<wbr>s of citiz<wbr>ens as state<wbr>d by the U.S. const<wbr>ituti<wbr>on.


    No breed<wbr>er wants<wbr> to have Anima<wbr>l Contr<wbr>ol come knock<wbr>ing on the door…<wbr>but if they do,
    it will help if you know what your optio<wbr>ns are.


    Remem<wbr>ber, Anima<wbr>l Contr<wbr>ol is law enfor<wbr>cemen<wbr>t.
    They are bound<wbr> by the same
    Const<wbr>ituti<wbr>on as any other<wbr> gover<wbr>nment<wbr> agenc<wbr>y.
    To prote<wbr>ct yours<wbr>elf, you need to know
    your right<wbr>s.
    These<wbr> vary sligh<wbr>tly one juris<wbr>dicti<wbr>on to anoth<wbr>er, but some gener<wbr>al
    princ<wbr>ipals<wbr> apply<wbr>. One rule appli<wbr>es every<wbr>where<wbr>: never<wbr> physi<wbr>cally<wbr> resis<wbr>t an offic<wbr>er.


    When Anima<wbr>l Contr<wbr>ol is at your door:

    1. Do not let them in, no matte<wbr>r how much they ask.
    Anima<wbr>l Contr<wbr>ol gener<wbr>ally can not
    enter<wbr> your home witho<wbr>ut a warra<wbr>nt, or your permi<wbr>ssion<wbr>.
    While<wbr> regul<wbr>ar polic<wbr>e can
    enter<wbr> in emerg<wbr>ency situa<wbr>tions<wbr> when human<wbr> life is at risk (i.e.
    they hear gunsh<wbr>ots and a
    screa<wbr>m insid<wbr>e), there<wbr> are few, if any, situa<wbr>tions<wbr> in which<wbr> Anima<wbr>l Contr<wbr>ol can enter<wbr>
    your home witho<wbr>ut a warra<wbr>nt. Simpl<wbr>y tell them they may not come in.

    2. If you let them in, anyth<wbr>ing they find in “plai<wbr>n sight<wbr>” can be used again<wbr>st you.
    In
    some circu<wbr>mstan<wbr>ces Anima<wbr>l Contr<wbr>ol offic<wbr>ers, unabl<wbr>e to find a legit<wbr>imate<wbr> reaso<wbr>n to
    make an arres<wbr>t, have repor<wbr>ted build<wbr>ing or zonin<wbr>g viola<wbr>tions<wbr>.
    This may inclu<wbr>de cagin<wbr>g
    you attac<wbr>hed to a wall witho<wbr>ut a build<wbr>ing permi<wbr>t, that extra<wbr> outle<wbr>t in the puppy<wbr> room,<wbr>
    havin<wbr>g more pets than allow<wbr>ed by zonin<wbr>g, even exten<wbr>sion chord<wbr>s in viola<wbr>tion of fire
    codes<wbr>! No matte<wbr>r how clean<wbr> you keep your kenne<wbr>l, if they want to find a viola<wbr>tion,<wbr>
    they will.


     
  2. BullDog143

    BullDog143 Big Dog

    3. Do not talk to them from an open doorw<wbr>ay.
    Step outsi<wbr>de and close<wbr> (and lock if
    possi<wbr>ble) the door behin<wbr>d you.
    This is neces<wbr>sary becau<wbr>se:
    a) Anyth<wbr>ing they see throu<wbr>gh an open door is “plai<wbr>n sight<wbr>” and may be the basis<wbr> for an
    arres<wbr>t, or proba<wbr>ble cause<wbr> for a searc<wbr>h warra<wbr>nt.

    b) If they make an arres<wbr>t or even feel threa<wbr>tened<wbr> they are usual<wbr>ly permi<wbr>tted to searc<wbr>h
    for weapo<wbr>ns in your immed<wbr>iate area.
    Do you keep a baseb<wbr>all bet insid<wbr>e the door for
    prote<wbr>ction<wbr>? Even if you don’t<wbr>, once they step insid<wbr>e to look,<wbr> they are in your home
    and may conti<wbr>nue to searc<wbr>h.

    c) It is hard not to be intim<wbr>idate<wbr>d by someo<wbr>ne in autho<wbr>rity.
    Some anima<wbr>l contr<wbr>ol is
    even done by local<wbr> polic<wbr>e, who carry<wbr> guns.
    It is for them to “get in your face”<wbr>,
    causi<wbr>ng you to back up into your home.
    Once you go in, it will be inter<wbr>prete<wbr>d as an
    invit<wbr>ation<wbr> to follo<wbr>w.

    4. If they claim<wbr> to have a warra<wbr>nt, deman<wbr>d to see it.
    In gener<wbr>al, a searc<wbr>h warra<wbr>nt must
    be signe<wbr>d by a judge<wbr>.
    A warra<wbr>nt to searc<wbr>h your home for dogs does not inclu<wbr>de an
    inven<wbr>tory of your jewel<wbr>ry box.
    A warra<wbr>nt to searc<wbr>h your kenne<wbr>l in the garag<wbr>e or in the
    barn does not inclu<wbr>de a searc<wbr>h of your home.

    5.
    In some locat<wbr>ions dog owner<wbr>s may have obtai<wbr>ned speci<wbr>al “bree<wbr>der permi<wbr>ts” that
    stipu<wbr>late that Anima<wbr>l Contr<wbr>ol has your permi<wbr>ssion<wbr> to enter<wbr> at any time.
    If you have
    signe<wbr>d such a permi<wbr>t they still<wbr> canno<wbr>t enter<wbr> again<wbr>st your wishe<wbr>s, since<wbr> you can revok<wbr>e
    the permi<wbr>ssion<wbr> at anyti<wbr>me.
    Howev<wbr>er, if you refus<wbr>e permi<wbr>ssion<wbr> it may allow<wbr> them to
    cance<wbr>l your breed<wbr>er permi<wbr>t, so you have to weigh<wbr> the conse<wbr>quenc<wbr>es.

    6.
    Warni<wbr>ng, anyon<wbr>e in lawfu<wbr>l posse<wbr>ssion<wbr> of the premi<wbr>ses may be able to give
    permi<wbr>ssion<wbr> for a searc<wbr>h.
    Make sure your roomm<wbr>ate, baby sitte<wbr>r, dog sitte<wbr>r, house<wbr>
    keepe<wbr>r and other<wbr>s know that they shoul<wbr>d not let anima<wbr>l contr<wbr>ol into your home.


    How to Handl<wbr>e Quest<wbr>ions:

    1. Don’t<wbr> answe<wbr>r any quest<wbr>ions beyon<wbr>d ident<wbr>ifyin<wbr>g yours<wbr>elf for the offic<wbr>er.
    Anyth<wbr>ing
    you say to the offic<wbr>er in your defen<wbr>se canno<wbr>t be used in court<wbr> (<wbr>hears<wbr>ay).
    Anyth<wbr>ing you
    say that is harmf<wbr>ul to you will be used in court<wbr> (<wbr>confe<wbr>ssion<wbr>s are not consi<wbr>dered<wbr>
    hears<wbr>ay). You canno<wbr>t win excep<wbr>t by remai<wbr>ning silen<wbr>t.

    2. Be polit<wbr>e but firm.
    Do not argue<wbr>, bad mouth<wbr>, curse<wbr>, threa<wbr>ten or try to intim<wbr>idate<wbr> the
    offic<wbr>er.

    3. Do not lie to an offic<wbr>er, ever.
    Howev<wbr>er it is NOT a lie to exerc<wbr>ise your right<wbr> to
    remai<wbr>n silen<wbr>t.

    4. Keep your hands<wbr> in plain<wbr> sight<wbr>.
    Peopl<wbr>e have been shot by polic<wbr>e when commo<wbr>n
    objec<wbr>ts, such as a walle<wbr>t, were mista<wbr>ken for a gun.

    5. Do not touch<wbr> the offic<wbr>er in any way.
    Do not physi<wbr>cally<wbr> resis<wbr>t the offic<wbr>er, no matte<wbr>r
    how unlaw<wbr>ful his or her actio<wbr>ns are.

    6. Do not try to tell your side of the story<wbr>, it canno<wbr>t help.

    7. Do not threa<wbr>ten the offic<wbr>er that you plan to file a compl<wbr>aint for their<wbr> actio<wbr>ns.

    8. If the quest<wbr>ionin<wbr>g persi<wbr>sts, deman<wbr>d to speak<wbr> to a lawye<wbr>r first<wbr>. Repea<wbr>t as neces<wbr>sary.


    Gathe<wbr>ring the Facts<wbr>:

    1. Get the name and badge<wbr> numbe<wbr>r of each offic<wbr>er invol<wbr>ved.
    If he/<wbr>she does not
    volun<wbr>teer this infor<wbr>matio<wbr>n, ASK.

    2. Ask the name of the agenc<wbr>y they repre<wbr>sent.
    Diffe<wbr>rent agenc<wbr>ies have diffe<wbr>rent
    enfor<wbr>cemen<wbr>t respo<wbr>nsibi<wbr>litie<wbr>s.

    3. Ask why they are there<wbr>.
    Reque<wbr>st the factu<wbr>al basis<wbr> of the compl<wbr>aint,<wbr> and the ident<wbr>ity
    of the compl<wbr>ainan<wbr>t.

    4. If they have other<wbr> peopl<wbr>e with them (<wbr>Human<wbr>e Socie<wbr>ty, press<wbr>, etc.
    ) get the names<wbr>
    and organ<wbr>izati<wbr>ons for all prese<wbr>nt.

    5. Note the names<wbr> (and addre<wbr>sses)<wbr> of any witne<wbr>sses to the encou<wbr>nter.

    6.
    If you are physi<wbr>cally<wbr> injur<wbr>ed by the offic<wbr>er, you shoul<wbr>d take photo<wbr>graph<wbr>s of the
    injur<wbr>ies immed<wbr>iatel<wbr>y, but do not foreg<wbr>o prope<wbr>r medic<wbr>al treat<wbr>ment first<wbr>.

    7.
    Write<wbr> down all the infor<wbr>matio<wbr>n, as well as the date and time of the incid<wbr>ent
    immed<wbr>iatel<wbr>y, while<wbr> detai<wbr>ls are fresh<wbr> in your mind.

    8. If your right<wbr>s are viola<wbr>ted, file a compl<wbr>aint with the appro<wbr>priat<wbr>e body.


    If You Are Arres<wbr>ted:

    1. Remai<wbr>n silen<wbr>t. Answe<wbr>r no quest<wbr>ions until<wbr> you have consu<wbr>lted a lawye<wbr>r.

    2. Don’t<wbr> “expl<wbr>ain” anyth<wbr>ing.
    You will have time for expla<wbr>natio<wbr>ns after<wbr> you have
    talke<wbr>d to a lawye<wbr>r.

    3.
    Withi<wbr>n a reaso<wbr>nable<wbr> time they must allow<wbr> you to make a phone<wbr> call or make
    arran<wbr>gemen<wbr>ts for bail.


    Telep<wbr>hone Inqui<wbr>ries or Threa<wbr>ts:

    You may recei<wbr>ve telep<wbr>hone inqui<wbr>ries conce<wbr>rning<wbr> the numbe<wbr>r of dogs you own and
    wheth<wbr>er any dogs or puppi<wbr>es are for sale.<wbr> Other<wbr> quest<wbr>ions may also be asked<wbr>.


    Your respo<wbr>nse shoul<wbr>d be to inqui<wbr>re “Are you inter<wbr>ested<wbr> in a puppy<wbr>?” If the answe<wbr>r is
    “yes”<wbr>, ask the perso<wbr>n for his name,<wbr> addre<wbr>ss and phone<wbr> numbe<wbr>r.
    Sugge<wbr>st that you or a
    respo<wbr>nsibl<wbr>e breed<wbr>er will conta<wbr>ct that perso<wbr>n at a more convi<wbr>enien<wbr>t time for you.


    If the answe<wbr>r is frien<wbr>dly and genui<wbr>nely inqui<wbr>sitiv<wbr>e, invit<wbr>e the perso<wbr>n to look at your
    puppi<wbr>es.


    If the quest<wbr>ion asked<wbr> is “What<wbr> is the price<wbr> of each puppy<wbr>?” simpl<wbr>y say that puppi<wbr>es of
    this type are being<wbr> sold for betwe<wbr>en “X” and “Y” dolla<wbr>rs.
    Never<wbr> say that you are
    selli<wbr>ng them.


    If the quest<wbr>ion is asked<wbr> “Are these<wbr> your puppi<wbr>es?” you shoul<wbr>d ask “Why do you want
    to know?<wbr>”

    If your conve<wbr>rsati<wbr>on indic<wbr>ates that the perso<wbr>n is repre<wbr>senti<wbr>ng the count<wbr>y clerk<wbr>’s offic<wbr>e
    or alleg<wbr>edly repre<wbr>senti<wbr>ng an offic<wbr>ial body,<wbr> ask the calle<wbr>r for:

    FULL NAME,<wbr> TITLE<wbr>, PHONE<wbr> NUMBE<wbr>R

    AGENC<wbr>Y’S FULL NAME AND FULL ADDRE<wbr>SS

    THEIR<wbr> SUPER<wbr>VISOR<wbr>S FULL NAME AND PHONE<wbr> NUMBE<wbr>R

    NATUR<wbr>E OF THE INQUI<wbr>RY (<wbr>what is it about<wbr>?)

    WHY THE INQUI<wbr>RY IS BEING<wbr> MADE

    HOW YOUR NAME AND PHONE<wbr> NUMBE<wbr>R WERE OBTAI<wbr>NED

    ASK THAT ALL FUTUR<wbr>E QUEST<wbr>IONS FROM THAT AGENC<wbr>Y BE
    SUBMI<wbr>TTED IN WRITI<wbr>NG

    Preve<wbr>ntati<wbr>ve Measu<wbr>res:

    1. Alway<wbr>s keep your kenne<wbr>l clean<wbr> and take good care of your anima<wbr>ls.

    2. Consi<wbr>der a P.O. Box or other<wbr> addre<wbr>ss for busin<wbr>ess cards<wbr> and adver<wbr>tisem<wbr>ents.
    Keep
    descr<wbr>iptio<wbr>ns of your locat<wbr>ion gener<wbr>al (i.e.
    South<wbr>ern Calif<wbr>ornia<wbr>, rathe<wbr>r than the name of
    the city where<wbr> you live)<wbr>. The inter<wbr>net can provi<wbr>de anony<wbr>mity for initi<wbr>al conta<wbr>cts.
    You
    can even buy a “remo<wbr>te prefi<wbr>x” to get a phone<wbr> numbe<wbr>r from a nearb<wbr>y commu<wbr>nity
    forwa<wbr>rded to your phone<wbr> or voice<wbr>mail.
    Avoid<wbr> local<wbr> newsp<wbr>aper class<wbr>ified<wbr>s, they are
    often<wbr> monit<wbr>ored.

    3. Scree<wbr>n any poten<wbr>tial puppy<wbr> buyer<wbr>s caref<wbr>ully.
    Alway<wbr>s be alert<wbr> that they may be
    Anima<wbr>l Contr<wbr>ol or even Anima<wbr>l Right<wbr>s worki<wbr>ng under<wbr> cover<wbr>.

    4. Don’t<wbr> allow<wbr> stran<wbr>gers into your home until<wbr> you have scree<wbr>ned them.

    5.
    Be fair and hones<wbr>t in all of your deali<wbr>ngs, and be on good terms<wbr> with your
    neigh<wbr>bors.<wbr> Most anima<wbr>l contr<wbr>ol conta<wbr>cts are compl<wbr>aint drive<wbr>n.
    Some compl<wbr>aints<wbr> may
    arise<wbr> as haras<wbr>sment<wbr> by peopl<wbr>e with unrel<wbr>ated griev<wbr>ances<wbr> again<wbr>st you.
    It may be a
    disgr<wbr>untle<wbr>d dog buyer<wbr>, or a crank<wbr>y neigh<wbr>bor who doesn<wbr>’t like you parki<wbr>ng in front<wbr> of
    his house<wbr>.

    6.
    Anyth<wbr>ing about<wbr> you that can be obser<wbr>ved in “plai<wbr>n sight<wbr>” from the stree<wbr>t or
    sidew<wbr>alk can becom<wbr>e proba<wbr>ble cause<wbr> for a warra<wbr>nt.
    Even areas<wbr> on your prope<wbr>rty
    open to visit<wbr>ors may be dange<wbr>rous.
    Be aware<wbr> which<wbr> areas<wbr> of your home are visib<wbr>le
    from the outsi<wbr>de, and plan accor<wbr>dingl<wbr>y.

    7.
    If you are confr<wbr>onted<wbr> by Anima<wbr>l Contr<wbr>ol, and turn them away,<wbr> assum<wbr>e they will be
    back.<wbr> Use the time avail<wbr>able to make sure every<wbr>thing<wbr> is clean<wbr> and prese<wbr>ntabl<wbr>e.
    If you
    are over limit<wbr> on the numbe<wbr>r of pets,<wbr> find frien<wbr>ds who can provi<wbr>de tempo<wbr>rary shelt<wbr>er
    for your dogs.


    Whate<wbr>ver you do, stay calm and keep your wits about<wbr> you.


    Just say “no”,<wbr> no matte<wbr>r what threa<wbr>ts or promi<wbr>ses of lenie<wbr>ncy they make.


    When in doubt<wbr>, say nothi<wbr>ng and speak<wbr> to a lawye<wbr>r after<wbr>wards<wbr>.
     
  3. BullDog143

    BullDog143 Big Dog

    Tell me what you think of this article and if you think it would be effective?
     
  4. Renee

    Renee Big Dog

    Excellent post.

    I'll add, from many years working in defense, that as soon as they are gone, write down every detail you can recall from the encounter IMMEDIATELY. It doesn't matter if it's in sequence, you can go back and collate your info later. Just get it down while it's fresh in your mind. If you've had the presence of mind to do so when it happens, take notes right there in front of them. And you've every right to record the incident.

    After all, if they're not doing anything wrong, why should they worry about that? ;)
     
  5. pennsooner

    pennsooner CH Dog

    I think there is a fine line to walk. #1, are you in fact doing anything illegal? If so then it might make some sense. If not, acting evasive is IMO a great way to get them to start "bird dogging" you big time.

    IMO you should be open if in fact you have nothing to hide. Acting guilty can and will just attract attention and suspicion.
     
  6. Renee

    Renee Big Dog

    That's exactly what a lot of my clients thought before they got arrested.

    If you don't remember anything else, always remember the answer to every question is, "I want to talk to my lawyer." ESPECIALLY if you haven't done anything wrong.
     
  7. bohawg00

    bohawg00 Big Dog

    I've had a few visits from AC thanks to my bitchy ass neighbors. They have called AC on me several times for my dogs barking, although theirs and other neighbors dogs bark as much as mine if not more. My dogs do not bark excessively by the way. It all stems back to the fact that I own APBTs. All worked out well AC was more than satisfied with their findings and agreed that the neighbors were being petty. I have on 2 occasions caught this lady standing at the road stomping her feet and shaking her fist at one of my dogs egging him on.
     
  8. Renee

    Renee Big Dog

    Oh, and you have to push a little, but in most places it's pretty easy to get a copy of the call report to see who made the call. You are, after all, entitled to face your accuser still in the U.S.
     
  9. Marty

    Marty Guest

  10. Renee

    Renee Big Dog

    Marty . . . shoulda known you'd have already been all over this :D

    Matter of fact, do you mind if I cross-post it?
     
  11. Marty

    Marty Guest

    Not at all... it need's to get out ;)
     
  12. BullDog143

    BullDog143 Big Dog

    Sorry marty didnt know it was already posted atleast the newer people can see it. I think this a must read by any APBT owner especially how the breed is going right now.
     
  13. Marty

    Marty Guest

    And it is ;)

    Thanks for reposting it :D
     
  14. catcher T

    catcher T CH Dog


    you have to file a "freedom of information act" in order to find out who called.
    your entitled to face your accuser in the court system, not on a complaint call.
     
  15. mntman2003

    mntman2003 CH Dog

    What if they have CO. use their cell phones when they come over. One thime this same neighbors daughter used her cell and used the neighbor on the other side of me's name and info who hangs out with my wife who. The bitch knew her info becuase she dated the "good" neighbors son at one point. My HSUS doen't use caller ID apparently?
     
  16. AGK

    AGK Super duper pooper scooper Administrator


    not if they've been labeled confidental informant (at least in the after you have been arrested situation)
     
    Last edited by a moderator: Dec 15, 2008
  17. catcher T

    catcher T CH Dog


    its not caller ID, they are asked their names, and address. I laughed one day when a friend of mine who has a pitbull and was constantly having the animal control guy show up and she would ask who made the complaint and he would say he couldn't answer that and then he would leave her porch, walk across the street and talk to the old biddy that lived there and he would say in a loud voice, "ok, I talked to your neighbor again about her dog"
     

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