[ SHOWGSD-L ] Animal Control coming to visit???
- From: Stormy Hope <Stormy435@xxxxxxx>
- To: showgsd List <showgsd-l@xxxxxxxxxxxxx>
- Date: Sun, 27 Feb 2011 17:50:33 -0800
Walt gives blanket permission to cross post what he writes on pet-
law. This is in response to an individual expecting a "visit" from a
local Humane Society. We are "sadly" learning that we need to protect
ourselves from those we expect to protect US.
I posted this to a couple/three of the membership lists on which I am
moderator or "owner." I will add here that if one of you find
yourself in jeopardy of losing your dogs, having your kennel declared
illegal according to local ordinance... ANY situation... we are
learning that it isn't taking an abusive kennel to draw the attention
of local animal controls. Just an anonymous phone call can start it.
Sadly. It IS NOT an embarrassment or shameful!!!! PLEASE contact
me. If you want it private, I will keep it that way, BUT the more and
better advice you get, the more you take it public, the better chances
you have of not losing your dogs or having your kennel shut down.
Please, this really IS happening, and it's happening now, weekly, to
you VERY GOOD Breeders!!! with immaculate kennels, with fantastic GSDs!
Stormy Hope
GSDCA Legislation Liaison
CaRPOC VP
Walt wrote:
"A lot of good stuff has been posted here. A few key points:
1. You need an attorney. The law of animals is the law of a special
kind of property; most any criminal lawyer should be able to deal with
it. If you sense a raid happening or about to happen YOU WANT A
LAWYER THERE IF AT ALL POSSIBLE. The reason is that raiders will be
much more careful about your rights if your attorney is watching.
Your own word about violations of your rights will be worth nothing in
court. Other witnesses may be kept fro m seeing anything that matters
(like "Yes, you can stay -- go out to the far end of the driveway")
and they will have only limited credibility in court. Your attorney
Will Be Heard -- and raiders know that. They will not mess with him.
(Violations? Well, suppose they kick over a water bucket and then
track mud through it before taking photographs? Or suppose they claim
that you threatened an officer with a ball bat? Or one of your dogs
crapped when they dragged him from his crate and they claim that the
dog was cover ed with feces? Or they go places not listed on the
warrant?)
A so-so local attorney that you can get to come in time for the raid
will be much more good to you during the raid than an excellent one
you can talk to on Tuesday. You may need both. Many local criminal
defense attorneys have a night/weekend number (for DUIs, etc.) and you
should make those calls now if you haven't already done so.
2. This may be nothing at all. Animal Control is generally required to
investigate any complaint and the talk of licenses, fees, etc. may be
based on not knowing if you are legally in town or not. With good
officials, it sometimes happens that open dealing, showing them what
they ask for, and so on, works out -- they're reassured and that's the
end of the problem. But so many inspections like this are not by good
people that unless you have specific knowledge it is better to assume
the worst. You should be MORE careful than needed, not less.
3. If there's anything or any dog you want to be sure of having on
Tuesday, get it out of there TODAY. Out of the jurisdiction of the
officers who have contacted you -- probably that means at least out of
the county. If they really do intend a raid they may lean all over you
about this but be pleasant while saying nothing. "I'm sorry but there
are no dogs here" AFTER they have gone where the warrant says they can
go and found no dogs.
The most common mistake in dealing with warnings of raids is to do too
little and do it too late. But try not to do anything permanent right
now. When you know exactly what is going on and have advice from your
attorney then consider long term arrangements.
4. NEVER EVER do anything physical in opposing raiding officers: At
best that will get you arrested. Be verbally and physically
cooperative but do not volunteer anything.
5. Take notes. In particular get all the organization and personal
names and badge (or ID) numbers and summarize the progress of the
raid: where the officers went, what they said and did.
6. Unless you have a kennel license (or some equivalent) you are only
required to show officers places and things listed on a warrant. If
they want to see (or take) more, say "That isn't listed on the
warrant." But if they insist, just say it again and make a note of it
-- DO NOT make a fuss.
(Kennel licenses and sometimes zoning variances or conditional use
permits may require -- as a condition of issuance -- that you admit
inspectors at any reasonable time. Presumably you know if anything
like that applies to your situation -- like -- did you sign an
application for some kind of kennel permit when you built a kennel?)
When they arrive, try to meet them outside and lock all the doors
behind you. Find out if they have a warr ant before letting them in,
and then only to places listed in the warrant.
7. Investigating officers are NOT-NOT-NOT required to tell you the
truth. They can lie, mislead, whatever. They generally DO. DO NOT TAKE
ANY PROMISES OR HINTS AS BEING WORTH ANYTHING. DO NOT SIGN ANYTHING.
One common very lie is "It will go better for you if you sign over
your animals." It WON'T go better. And once you sign, your dogs are
gone without the slightest hope of getting them back.
A major purpose of the current abusive raids is getting good dogs to
sell. If you sign on Monday, those dogs will be neutered/spayed on
Wednesday and 'adopted' ("Puppy mill RESCUES!") over the weekend for
$300-500/each.
There is only a little hope if dogs that are there, are taken. But
if you get in that spot, don't sign away that little bit of hope.
As has already been mentioned none of us here is your attorney and
hardly any of us have any training beyond our experience. Ta ke this as
just 'experience' -- not the real thing, not based on any knowledge of
your law, and not a substitute for it.
Walt Hutchens
Timbreblue Whippets"
============================================================================
POST is Copyrighted 2011. All material remains the property of the original
author and of GSD Communication, Inc. NO REPRODUCTIONS or FORWARDS of any kind
are permitted without prior permission of the original author AND of the
Showgsd-l Management. ALL RIGHTS RESERVED.
Each Author is responsible for the content of his/her post. This group and its
administrators are not responsible for the comments or opinions expressed in
any post.
ALL PERSONS ARE ON NOTICE THAT THE FORWARDING, REPRODUCTION OR USE IN ANY
MANNER OF ANY MATERIAL WHICH APPEARS ON SHOWGSD-L WITHOUT THE EXPRESS
PERMISSION OF ALL PARTIES TO THE POST AND THE LIST MANAGEMENT IS EXPRESSLY
FORBIDDEN, AND IS A VIOLATION OF LAW. VIOLATORS OF THIS PROHIBITION WILL BE
PROSECUTED.
For assistance, please contact the List Management at admin@xxxxxxxxxxx
VISIT OUR WEBSITE - http://showgsd.org
SUBSCRIPTION:http://showgsd.org/mail.html
NATIONAL BLOG - http://gsdnational.blogspot.com/
============================================================================
Other related posts:
- » [ SHOWGSD-L ] Animal Control coming to visit??? - Stormy Hope
