Stand Up For Your Right As Dog Owners!!!

I just got a phone call from a VERY upset friend of mine, whose APBT was just threatened by our local police, saying he was going to seize her dog, as she was walking her, and didn't she know how "vicious" these dogs were? :rolleyes:
Apparently, she had switched her collar, on which her tags were to her harness, and the police was bassically, imo, just "harrassing" her, due to an "altercation" that the next city over had, yes, regarding "pit bulls". (how often do police REALLY check for tags on collars?) seriously, ...
This prompted me to remind you guys that you ALL have rights, as owners, NO MATTER what breed you own!!! He actually followed her home and demanded to see the tags.
This is from the ADOA site.
She also lives right next door, so, yes, this is VERY unsettling...:mad: anyhow...




Dog Owners Rights

REMEMBER -- YOU DO NOT HAVE TO ALLOW ANYONE INTO YOUR HOUSE WITHOUT A PROPER SEARCH WARRANT!

SUGGESTED STEPS TO BE TAKEN IN THE EVENT OF LOCAL 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.



A: TELEPHONE INQUIRY OR THREAT: 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 that person for his name, address 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 the question is asked "What price is each puppy being sold for?", simply say that puppies of this type are being sold for between "X" and "Y" dollars. Never say that you are selling them.

If the question is asked "Are these your puppies?", you should ask "Why do you want to know?"

If your conversation indicates that the person is representing the county clerk's office or allegedly representing an official body, ask the caller for:

FULL NAME, TITLE, PHONE NUMBER

SUPERVISORS FULL NAME, PHONE NUMBER

AGENCY'S FULL NAME AND FULL ADDRESS

NATURE OF THE INQUIRY (what it is 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

If you believe that you are being harassed, do not give your address or your name; it is not your problem to send the letter. Make a complete record in writing of the date and time of each phone call and all the information that was requested by you and the caller. Keep these records with your dog records so they may be referred to in the future.

Under no circumstances should you volunteer information or admit any action which may be in violation of the ordinances over the telephone. You should not attempt to mislead or otherwise lie to a caller nor should you treat such a caller with any more respect than you would a magazine salesman. You do not have to incriminate yourself under the Fifth Amendment of the U. S. Constitution and you should certainly not make such statements over the telephone.

Do not bother to call back to verify identities or information simply because you are requested to (you are under no obligation to spend money to aid a criminal investigation of yourself).



B: PERSONAL INVESTIGATION: If you are confronted with some 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 SUPERVISORS FULL NAME, 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 (probably he 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 of 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 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

If you are faced with a threatened seizure without court hearing or court order, call the police immediately. Also obtain the names of all persons involved, including police officers. This may prevent seizure. Please understand that seizure of property, without 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 him to help you. 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 you say can and probably will be used against you. Do not volunteer any dogs or other property.

Call other breeders in the area to warn them and inform them of the occurrence.



C: COOPERATION: Remember that 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. We repeat - 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 costs. 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.

 

Good stuff. Hope I never have to worry about that stuff.

 

glad I live in a rural area.

this political stuff now days is soo depressing

 

This is an excellent post. Thank you Suki

 

that really sucks.......they wonder why they are not trusted..... and use intimidation on everybody, or at least try to.

 

Maybe this will slow them down, but I doubt it.
http://www.narlo.org/sign.html