Can Animal Control Come Into My Property
WHEN ANIMAL CONTROL COMESGeorge Eigenhauser (AttorneyAt Law licensed in the State of California since 1979)Anti-Dog Enforcement - What Every Dog Owner Needs To KnowDog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may retaliate against dog owners and may 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 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.
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To protect yourself, you need to know your rights. These vary slightly from 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.Do not let them in, no matter howmuch they ask. Animal Control generally cannot enter your home without awarrant, or your permission. While regular police can enter in emergencysituations when human life is at risk (i.e.
The first area is that ESA’s are allowed into “no pets” policy housing. The ACAA allows you to LEGALLY fly for free with your emotional support animal. The second area is for travel. Official Emotional Support Animals have access to fly with you inside the airplane cabin. This falls under the Air Carrier Access Act (ACAA). Usually animal control officers are affiliated with the police or sheriff's office. The animal control officers had no right to come onto your property or lock other animals in your home. Your rights were violated and the animal control officers were not acting within their rights.
They hear gunshots and a screaminside), there are few, if any, situations in which Animal Control can enteryour home without a warrant. Simply tell them they may not come in.If you let them in, anything theyfind in 'plain sight' can be used against you. In some circumstances AnimalControl officers, unable to find a legitimate reason to make an arrest, havereported building or zoning violations. This may include caging you attachedto a wall without a building permit, that extra outlet the puppy room,having more pets than allowed by zoning, even extension cords in violationof fire codes No matter how clean your kennel, if they want to find aviolation, they will.Do not talk to them from an opendoorway.
Step outside and close (and lock if possible) the door behind you.This is necessary because:.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.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.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.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.In some location dog owners mayhave obtained special 'breeder permits' that stipulate that Animal Controlhas your permission to enter at any time. If you have signed such a permitthey still cannot enter against your wishes, since you can revoke thepermission at any time. However, if you refuse permission it may allow themto cancel your breeder permit so you have to weigh the consequences.Warning - anyone in lawfulpossession of the premises may be able to give permission for a search. Makesure your roommate, babysitter, dog-sitter, housekeeper and others knownthat they should not let Animal Control into your home or on your property(i.e. Backyard, garage, etc.).How to Handle Questions:.Don't answer any questions beyondidentifying yourself for the officer.
Anything you say to the officer inyour defense cannot be used in court (hearsay). Anything you say that isharmful to you will be used in court (confessions are not consideredhearsay). You cannot win, except by remaining silent.Be polite but firm. Do not argue,badmouth, curse, threaten or try to intimidate the officer.Do not lie toan officer, ever.
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However, it is NOT a lie to exercise your right to remainsilent.Keep yourbands in plain sight. People have been shot by police when common objects,such as a wallet, were mistaken for a gun.Do not touchthe officer in any way.
Do not physically resist an officer, no matter howunlawful his or her actions.Do not try to tell your side of thestory; it cannot help.Do not threaten the officer thatyou plan to file a complaint for their actions.If the questioning persists, demandto speak to a lawyer first. Repeat as necessary.Gathering the Facts:.Get the name and badge number ofeach officer involved. If he/she does not volunteer this information, ask.Ask the name of the agency theyrepresent. Different agencies have different enforcement responsibilities.Ask why they are there.