WHAT TO DO WHEN ANIMAL
CONTROL COMES KNOCKING
By George J. Eignhauser, Jr. *
*Mr. Eignhauser is an attorney at law licensed in the
state of
ANTI-DOG ENFORCEMENT
What Every Dog owner need 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 that may be used by local officials in an attempt 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 without your permission. While regular police can enter in
emergency situations when human life is at risk (i.e., they hear gunshots or a
scream inside), there are a few, if any situations in Animal Control can enter
your home without a warrant. Simply
tell them (very politely) 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 and close (lock it, if possible) the door behind you. This is necessary because;
A) Anything they see through the open door
is in “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 behind the front 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 easy for them to get “in your
face”, causing you to back up into your 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 our
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 your kennel at any
time. If you have signed such a
permit, they still cannot enter against your wishes since you can revoke
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, baby sitter, dog sitter,
housekeeper, etc. know they should never
let Animal Control into your home or on your property (i.e., backyard, garage,
barn, 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, badmouth, curse, threaten,
or try to intimidate the officer.
3. Do not lie to an officer; 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 factual basis of the complaint
and complaint’s identity.
I4. f they have other people with them
(HSUS, press, etc.). get names and organizations or all present.
5.
Note names and addresses of any witnesses to the encounter.
6. If you are physically injured by an
officer, take photographs of injuries immediately, but do not forego proper medical
treatment as soon as possible.
7. Write down all information, as well as
date and time of incident, immediately while details are still fresh in your
mind.
8. If your 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 talk
to your lawyer.
3. They must allow you a phone call (for
calling a lawyer or to arrange bail) within a reasonable amount of time. They are not allowed to listen to your phone call to your attorney, but may “monitor”
the rooms for “your protection”. Do not say anything you do not want
overheard; save that until after you are out on bail.
Telephone Inquires 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
for the person’s name 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
you are asked, “what is the price of your pups?”, simply say that
puppies of this breed are being sold for between “X” and “Y”
dollars. NEVER say that you are
selling them.
If
asked, “Are these your puppies?”, you should ask, “Why do you
want to know?”.
If
conversation indicates the person represents
---
Full name, title & phone number
---
Agency’s full name and address
---
Supervisor’s full name and phone number
---
Nature of inquiry (what is it 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 your 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.,
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 does not 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 probable
cause for a warrant. Even areas on
your property open to visitors can be dangerous. Be aware of which areas of your home and
property 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 clam 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 ASAP.
*Permission to reprint and crosspost is granted. From ADOA, Newsletter, June 2008
We thank our good friend
Diane Cheatle of Kingsfield Kennels for sharing this informative article with
us. We hope that we never find
ourselves in a situation where this type information is needed. This will always be on the ABBA “Articles
Of General Interest” File for
quick reference. Thanks, Diane