Tacti_Steve

8H 3 does 1 bb

Um where is this going? www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

And that's where well disagree. I don't think it was criminal. But not legal. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

I'm not looking to make enemies in the sheriff's department. I can let bygones be bygones. I made myself heard and understood to both agencies and the case is closed. I started this thread to share what happened and open a little good old internet debate. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

Oh I stood up www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

A warrant is an assumption of guilt. That is why there are such heavy checks on them being issued. Take for example the first arrest under the SAFE Act in Linvingston county that was dropped by the DA. The officer suspected there was a gun under the sweatshirt on the seat. He had reason to believe there was a gun there. That was not cause to search the magazine and find 10 rounds in it. Granted if they got a complaint that there was someone actively beating a dog and they showed up and could hear you doing it. That would be reason to investigate. But they show up and cannot see or hear you in the yard (or the dog) (like the lights on in the house) that is not reason to investigate the yard. That is reason to go knock on the door.

That's an assumption of guilt. No dog is worth more than my rights. My dog is a tool. Just like my gun. Now don't get me wrong it's alive and needs to be treated with respect. But I paid less for it than I did some of my guns. According to the IRS it's a business asset. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

A complaint is cause to go see if there is cause. It's not a warrant. It is not in the case of a "skinny dog" cause to go search when you can't see a dog. It is cause to go see what can be seen by the public (person complaining) and ask about the dog. Then if they can see something that generates cause for a search they can search.

And see had I been home and they knocked first I would have walked them out to the kennel and all would have been well. But they didn't...

They just fly over with drones now www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

That's a whole other topic onto itself. I wish they used Google maps for that. Then I wouldn't have to worry about making my house look like hell all the time. lol

I agree other than with that part of your statement. If they have "reason to investigate" they can walk around. What I'm debating is that in this situation I do not feel they had reason to investigate my yard/kennel when there was no dog visible. A person complaining that obviously can't even get the address right is not probable cause in my book. Now a tax assessor I completely agree with. They have no power to enter your property. I'll even argue that the SPCA being an independent politically motivated organization doesn't have that power. But they are contracted and someone can probably twist laws otherwise. It doesn't matter in my case because there was a deputy their with them.

Agreed but very little of that has to do with this situation. They were never allowed in. Wife didn't even open the door for half the conversation. They went in the yard before coming to the house. She said dogs out hunting with me come back another time. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

27 years of experience as... www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

I was never trying to say what they did was criminal. The search I would think I could have gotten thrown out in court. Violating someone's constitutional rights is rarely criminal for law enforcement. That's not to day it isn't illegal. It usually just makes it inadmissable in court. And therefore worth yelling about. Ie they "can't" do it. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

Oh she was armed. Home alone with a baby and a 9mm. That's why it for out of hand she wouldn't open the door and the SPCA lady didn't like that. Officer should have announced himself and situation would have ended. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

He was but it was dark and he was behind the SPCA officer both wearing black and never spoke. When they knock on the door the first thing they day shouldn't be where is the dog! My wife thought he was with the spca . she just started pounding on the door and asking to see the dog. My wife didn't open until she saw the SPCA patch through the window. Regardless of being in uniform or not. He should identify himself. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

The random guy on the internet might be the best guy out there if he can back up his statements with facts and supporting documentation. That's why I start these discussions. I do disagree with 100%. There is too much interpretation in the law. They need reason to investigate. I'm not sure if I updated this post with the latest details I found out. But this is pretty much over. I don't think they'll be coming back after the stink I made. Turns out the address given in the complaint was my neighbors. Now that guy doesn't have a dog but me and the other side do. The other side just has a house dog with a fenced in yard. But why more "reason" to investigate my yard than his. I understand it falls into the "open field" rule but they still need a reason. Seeing a dog house and kennel but no dog when there are 5 houses on the road that have dogs is not reason to me. And regardless there is no excuse for not identifying themselves as a Sheriff deputy. That may not be illegal but it's wrong!

I disagree with your definition of wrong. Jeopardizing a case I feel is wrong. Not identifying themselves properly is wrong. I'm not saying investigating the complaint was wrong. Its how they did it.

Here is a good document to those that say the officer was in the right. This explains the different forms of trespassing and which are illegal vs. get evidence thrown out vs. perfectly ok. Its that gray area (technical trespass) that happened here. I also found out another detail. SPCA officer who I hadn't talked to yet called (because my wife gave her my#) and asked when a good time to see the dog was. My reply: When you have a warrant. Come to find out the complaint actually gave my neighbors address. So they went there first. Now the kennel is closer to his house than mine. But the property line is clearly marked with a row of pine trees. So: A) The complaint was for a different address The dog wasn't in the kennel C) They crossed the property line D) The kennel Door was open E) They crossed my yard instead of walking out and around as there is no walkway from the kennel to the house F) They FAILED to properly identify themselves at the door Any public defender fresh out of law school could get you off that charge. police_trespassing.pdf

Thank you to those that support me. Don't get me wrong I don't have any person issues with the officers. It's the scum that gets of on the technicality I have a problem with. And there is no reason my wife should not have known by the end of the conversation that he was a deputy! He never identified himself. And NY dog is not starving. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]

Incorrect. Even the deputies SGT admitted that if the dog was not there (as evident by the kennel door being open) he should not have gone to the kennel. The SGT (with the understanding I gave and needing to follow up with the officers) said that the officer was supposed to go to the door prior to entering my property. The complaint was not regarding the kennel. It was regarding the condition of the dog. And the SPCA NEVER has any right to enter your property! They are not law enforcement or first responders. They are a private contracted organization to do animal control. The village dog control officer has more power than they do.

I take offense to that! My hounds are well trained. My dog will only bark if someone comes into the yard. I hate dogs that bark non-stop. If my dog barks he gets the collar!

Because the dog was in the kennel just before they showed up. I took the dog to go hunting. They showed up about a half hour after I left. My wife was home. And if there was no dog then there was no probable cause to walk over to the kennel in the far corner of my back yard before going to the house. There is no walk way and not entrance to my house near the kennel. And that even if there was that only applies to the deputy not the SPCA officer. They are not law enforcement. They are a private organization funded by donations. They have a known anti-hunting agenda. They are the same as a regular person walking into my yard. Trespassing. The line gets gray because they were with an officer but he was not in the right. The point is he should have gong to the door first!

Incorrect. They could not see the dog. It's called technical trespassing (not criminal). Still a violation of my rights as a neighbor complaining is not probable cause. Neighbors complain all the time. They have to see something themselves. Therefore any evidence gathered is not admissible. www.HuntingTactical.com Modern Gear for Modern Hunters [email protected]