[ SHOWGSD-L ] FWD ""Who is legally allowed to enter my kennel?"' OR residence...
- From: Stormy Hope <Stormy435@xxxxxxx>
- To: The List <showgsd-l@xxxxxxxxxxxxx>
- Date: Thu, 17 Jun 2010 18:58:01 -0700
This was from APRI, and was directed toward PA, but there are words of
wisdom for all who have kennels in this new world.
There have been people masquerading as Inspectors, and Humane Officers
who have bullied their way into kennels without a search warrant and
with no good reason. Please observe. Actually, this can pertain to a
residence, too. Be informed, be aware.
Stormy Hope
who has learned through her hours of reading that life isn't simple
any longer for animal owners.
> We have been asked,
> "Who is legally allowed to enter my kennel?"
> A short newsletter offered by APRI.
> This is offered as a simple outline. Information offered here has
> been received from the Pennsylvania Department of Dog Law, USDA
> inspectors, Humane Officers and the District Attorneys Office.
> Information has also been derived from attending over 110 hours of
> classroom time for Animal Control training programs from the
> National Animal Control Associaton.
>
> What are the rights and limitations of allowing a Humane Officer or
> SPCA representative or anyone else
> other than a USDA or State inspector into my kennel?
>
> First let?s explain and clarify, ?when a person is licensed by the
> State or USDA?. In such a case of being ?licensed? by either or
> both of those entities you must let the inspector in to see your
> facilities and inspect
> all areas under the guidelines of the law.
>
> Generally, every breeder will already have the knowledge of who
> their inspectors are. And, you will most likely recognize them?by
> all means let them in. If you do not recognize them, simply ask for
> identification. Ask your inspector that you currently know to see
> what a real identification badge looks like. Your inspectors will
> respect this request and be happy to help and educate you.
>
> If someone comes to enter your kennel that you do not recognize, ask
> who they represent (the State or USDA)?AND, ask to see their
> identification. Remember, at this point you have already educated
> yourself as to what proper identification looks like.
>
> If a Humane Officer requests to enter your kennel they will know to
> display their badge-show credentials
> and have photo identification. For those of you with access to the
> internet there is registry that has the
> humane officers listed. Remembering-they NEED legal authorization
> to enter-regardless.
>
> You do not have to allow the humane officer to enter if they do not
> have a search warrant. The humane officer may be following up on an
> informal complaint. However, if you choose to let them in, you may
> do so and limit the areas of your kennel for them to observe. It is
> also suggested that no photographs ever be allowed to be taken in
> these unofficial situations. Without a warrant the humane officer
> must have your approval for entrance to any areas. Do not leave the
> humane officer unattended. These areas of approved entrance may be
> all or part of you property. This is your decision. Every case is
> individual-for an opinion of your personal situation please give me
> a call regarding this situation. And, remember, you do not have to
> allow photographs.
>
>
>
> If the Humane Officer has a search warrant they MUST give you a copy.
>
> The process to get a search warrant is:
>
> 1. Paperwork and ?probable cause? for a search warrant must be
> drafted (written) by a law enforcement officer (police).
>
> 2. The ?draft? is then submitted to the District Attorney?s office
> to verify there is ?probable cause? for
>
> a search and seizure.
>
> 3. If there is ?probable cause? the District Attorney confirms this
> to the police officer.
>
> 4. With approval from the DA, the police officer is then instructed
> to submit the ?warrant? to the
>
> District Justice or Magistrate to determine if there is
> ?probable cause? for this ?search and seizure?.
>
> 5. The District Justice or Magistrate the reviews the warrant.
> Upon approval the warrant is signed and enforced.
>
>
> The proper names and addresses must title this document. And the
> areas for legal search must be listed.
> Also, there must be detailed information regarding what is the
> object of the search (what are they looking for). A warrant does
> not give the liberty for the media (reporters-newspapers-radio/TV
> etc?) to enter.
> Remember, your property starts at your property line.
>
>
>
>
> Your inspector may have a humane officer or other interested party
> accompanying them. Again, allowing any other people into your
> kennel is your decision and subject to your requested limits-
> regarding all or part of your kennel.
> You must continue to educate yourself to be prepared.
>
> America?s Pet Registry, Inc In Arkansas: 479-299-4418 In
> Pennsylvania: 484-880-7962 In Iowa: 515-962-7552
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