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Your rights as a dog owner

Discussion in 'Dog Discussion' started by Marinepits, Dec 17, 2005.

  1. Marinepits

    Marinepits Big Dog

    ADOA's A Guide To Your Rights:
    Excerpts From How to Respond to Anti-Dog Enforcement

    How to Respond to Anti-Dog Enforcement

    The following text outlines methods of inquiry and enforcement which may be used by local officials in attempts to enforce anti-dog 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.

    PERSONAL INVESTIGATION:

    If you are confronted with an official demanding to investigate your property, the following responses are recommended.

    If the person presents a badge, you should ask for:


    • His full name and phone number
    • His supervisor's full name and phone number
    • The agency he represents
    • His badge number
    • Why he is there to see you
    • Is there any complaint involved
    • Who made these complaints (he probably won't answer)
    • Whether he has a warrant for a search
    • Request a copy of that warrant (he probably won't have one)

      You should answer no questions, but ask that he send or deliver all questions in writing. You should write down the answers to all these questions as the conversation proceeds. A simple notebook will do the job.

      If you feel that a search of your home will lead to a threatened confiscation of a dog or a criminal complaint, you should refuse entry to your home unless the sheriff or police are present with a search warrant. If he says that he can get one easily, then tell him to do so. Remain cool and polite. Call your attorney as soon as possible.

      Remember: You do not have to let anyone into your house or on your property without a proper search warrant.

      ADOA has pursued and prevailed in lawsuits precluding inspectors or law enforcement agents from such intrusions without a search warrant.

      You should not be threatened with seizure without court hearing or court order. Obtain the names of all persons involved, including police officers. This may prevent seizure. Seizure of property without the due process of law is unconstitutional, and due process of law should include a court hearing in every action relating to such seizure. If the animal control officials or police seize a dog, they may not destroy the animal or harm it in any way until a judge has ruled that you are in violation and this can only occur after a full hearing.

      Call your attorney at the time of threatened seizure and ask for help. Do not answer any questions from the police without legal advice. Do not offer any explanations regardless of what they may be (police and enforcement officials have a bad habit of misinterpreting such explanations!) Remember, everything can and probably will be used against you. Do not volunteer any dogs or other property.

      COOPERATION:

      Cooperation will not usually avoid prosecution. Also remember that seizure of one of your dogs without court action, under protest, amounts to prosecution without trial. Anything you say or do in regard to the attempted seizure or inquiries may be used against you in a criminal or quasi-criminal action. Everything you say or do will probably be used against you. Write down everything that is said or done as it happens. These notes can be valuable evidence to defend yourself at a later time. Try to avoid anger and avoid violence at all cost. Try to obtain as much information as you can: the informers, enforcing officials, officers, etc...Require enforcing officials and officers to put everything into writing. They may not do it, but you can ask.

    <hr>American Dog Owners Association, Inc.
    adoa@adoa.org
    www.adoa.org
    518-477-8469
     
    6Rip, Heathdawg, pennsooner and 3 others like this.
  2. Brothermarree

    Brothermarree Top Dog

    That is some god info thanks
     
  3. J Henry

    J Henry Big Dog

    Now that is what we all need to know. Good post!!
     
  4. Marinepits

    Marinepits Big Dog

    Thanks, all! Glad to help!
     
  5. Judy

    Judy CH Dog

    Thank you for the info.
     
  6. RIDDICK

    RIDDICK Pup

  7. cary-dude

    cary-dude Big Dog

    I wish more people knew about this. Our rights only work if we use them!
     
  8. Chato99

    Chato99 Pup

    How were they able to destroy the Boudreaux dogs? Wasn't that done before any ruling was made of a violation in law?
     
    FrozenEli likes this.
  9. CorsoPit

    CorsoPit Pup

    Very good post.

    My only problem with people having "rights" is the recent story in the news where the animal rescue person took a near dead dog off of someones property and then got put in jail for it. This dog was chained up without food and water for a very long time - he was also beat up and suffering. The local ASPCA did nothing - no one would do anything - so she took matters in her own hands. In this instance I think she was justified to seize someones property. They are now trying to pass a "Good Samaritan Law" for case like this
     
  10. pennsooner

    pennsooner CH Dog

    Great, great stuff, thanks Marinepits. I'd like to add, if you own a yard, please make it a point to have a lawyer under retainer.
     
  11. Alot of the time though the police will abuse there power and vioalate your rights. This really pisses me off and i have hard feelings towards the law for this. I had a friend this happened to and he got his dogs took away from him. They got put to sleep when they took them
     
  12. purplepig

    purplepig CH Dog

    Are you speaking of the woman that siezed the 18 yr old german shepard? That was malnourished, and blah blah blah? That is some AR hooplah! If the dog was so mistreated, how did it get to be 18 years old? I hope that noone stumbles upon my property and tries to take one of my animals if the chain happens to get wrapped up!!
     
  13. p1tbull

    p1tbull Big Dog

    AC needs a warrant to take your dog?
     
  14. StopBSL

    StopBSL CH Dog

    The AC cannot enter your property without a police escort w/ a warrant or your ok.

    Do not give them this permission.
     
  15. webmistress

    webmistress Banned

    Yes, well they entered mine with 5 Bradley Tanks and the whole SWAT team. After we got up off the ground and they turned away the red dots, we asked for the search warrant and to call our lawyer. LOL. Got a glimpse of the search warrant and NO lawyer call ever. So much for asking for ID etc. Forget about it. If they want you, they will take you and load up your dogs too. I went to jail in long johns,no breakfast, no shoes, no money, no id, no purse, nothing. 12 hrs let out at midnight in the south side of town to go home to, wait, they kicked me out of my home too. This is the reality of today my friends.I wish it wasnt so.
     
  16. grave digger

    grave digger Top Dog

    good shit:d
     
  17. popper

    popper CH Dog

    you mean sick shit
     
  18. Irish Pitbull

    Irish Pitbull Top Dog

    Does a landlord have a right to refuse you tenancy of a property for having a dog? I assume he/she does as it his property, but it would help lots of people with housing problems if they didn't.
     
  19. Good info, BUT unfortunately they come onto your property,no search warrant & shove you aside & ilegally take your dogs and they're immediately euthanized.If you resist, they call the police and place you under arrest & they still take them and kill them! Absolutely pitiful
    This happens everyday to alot of people, what can you do once your dogs are dead. The damage is done.
     
  20. GI Joe

    GI Joe Big Dog

    They better have the police because they are not the only ones with guns.No Joe Shmo is going to come here and do that all I can say is the outcome will not be good.
     

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