Jump to content

SPCA ran into my fourth amendment

Tacti_Steve

By Tacti_Steve,
in General Chit Chat

 Share

Recommended Posts

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Tacti_Steve
Tacti_Steve

I finally got home from the Shot Show after a storm on the east coast delayed most flights across the country. First real night home so I decided to go hunt my dog. When I got home my wife says I just

Tacti_Steve
Tacti_Steve

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 wh

coonhunter
coonhunter

What people are failing to realize is that this has nothing to do with animal cruelty, but everything to do with the fact that this hound is used for hunting. This is a common tactic used anymore arou

Posted Images

Tacti_Steve Newbie

Tacti_Steve

Posted
  • Author
Posted

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!

  • Like 1
Link to comment
Share on other sites
Tacti_Steve Newbie

Tacti_Steve

Posted
  • Author
Posted

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]

Link to comment
Share on other sites
Tacti_Steve Newbie

Tacti_Steve

Posted
  • Author
Posted

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]

Link to comment
Share on other sites
Doewhacker Newbie

Doewhacker

Posted
Posted

Animal rights basically trump constitutional rights unfortunately. The case in the link I posted shows that, all it took was someone turning the farmer in for insufficient shelter and saying his animals weren't fed properly and he then had to defend himself in court for the next year. Even though it was all BS.

Link to comment
Share on other sites
growalot Newbie

growalot

Posted
Posted (edited)

 

 

When Animal Control is At Your Door:
1. Do not let them in, no matter how mu
ch they ask. Animal Control generally
cannot enter your home without a warran
t, or your permission. While regular
police can enter in emergency situations
when human life is at risk (i.e. they
hear gunshots and a scream inside), there
are few, if any, situations in which
Animal Control can enter your home without a warrant. Simply tell them they may
not come in.
2. If you let them in, anything they find in "plain sight" can be used against
you. In some circumstances Animal Control officers, unable to find a legitimate
reason to make an arrest, have reported building or zoning violations. This may
include caging you attached to a wall without a building permit, that extra
outlet in the puppy room, having more
pets than allowed by zoning, even
extension cords in violation of fire code
s! No matter how clean your kennel, if
they want to find a violation, they will.
3. Do not talk to them from an open doorway. Step outside an close (and lock if
possible) the door behind you. This is necessary because:
A) Anything they see through the open door is "plain sight" and may be the
basis
for an arrest, or probable cause for a search warrant.
B) If they make an arrest or even feel
threatened they are usually permitted to
search for weapons in your immediate
area. Do you keep a baseball bat inside
the
door for your protection? Even if you don'
t, once they step inside to look, they
are in your home and may continue to search.
C) It is hard not to be intimidated by someone in authority. Some animal control
is even done by local police, who carry
guns. It is easy for them to get "in
your face", causing you to back up into
the home. Once you go in, it will be
interpreted as an invitation to follow.
4. If they claim to have a warrant, demand to see it. In general, a search
warrant must be signed by a judge. A warrant to search your home for dogs does
not include an inventory of your jewelry
box. A warrant to search your kennel in
the garage or in the barn does not include a search of your home.
5. In some locations dog owners may have obtained special "breeder or rescue
permits" that stipulate that Animal Cont
rol has your permission to enter at any
time. If you have signed such a permit they still cannot enter against your
wishes, since you can revoke the permission at any time. However, if you refuse
permission it may allow them to cancel your permit, so you have to weigh the
consequences.
6.
Warning - anyone in lawful possession of the premises may be able to give
permission for a search
. Make sure your roommate, babysitter, dog-sitter,
housekeeper and other know that they s
hould not let animal control into your
home or on your property (i.e. backyard, garage, etc.).
How to Handle Questions:
1. Don’t answer any questions beyond
identifying yourself for the officer.
Anything you say to the officer in your defense cannot be used in court
(hearsay). Anything you sa
y that is harmful to you will be used in court
(confessions are not considered hearsay).
You cannot win, except by remaining
silent.
2. Be polite but firm. Do not argue, bad-mouth, curse, threaten or try to
intimidate the officer.
3. Do not lie to an officer, ever. Howeve
r, it is NOT a lie to exercise your
right to remain silent.
4. Keep your hands in plain sight. Peopl
e have been shot by police when common
objects, such as a wallet, were mistaken for a gun.
5. Do not touch the officer in any way.
Do not physically resist an officer, no
matter how unlawful his or her actions.
6. Don't try to tell your side of the story, it cannot help.
7. Do not threaten the officer that you plan to file a complaint for their
actions.
8. If the questioning persists, demand to
speak to a lawyer first. Repeat as
necessary.
 

 

Edited by growalot
  • Like 1
Link to comment
Share on other sites
Tacti_Steve Newbie

Tacti_Steve

Posted
  • Author
Posted

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]

Link to comment
Share on other sites
growalot Newbie

growalot

Posted
Posted

BTW ...will someone please tell me why this country has turned into a nation of sheeple?....You just simply say no...step outside your door and close it say no and ask for the paper work...say no....a complaint is not a warrant...it gives no one any rights other than for authorities to go to a judge if it is warranted...now they can knock on your door nicely and explain the situation...but not pound and demand...nor walk around your property looking.

 

Man.... I had a tax assessor  come and peek into my basement windows when I wasn't home..neighbor told me...when I was finished with the town of Avon, their Mayor ,tax assessor and town attorney...I was issued a letter of apology and I NEVER saw another town employee nor did my assessment ever go up. WTH is wrong with some of you?

Link to comment
Share on other sites
Tacti_Steve Newbie

Tacti_Steve

Posted
  • Author
Posted

nor walk around your property looking.

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. 

Link to comment
Share on other sites
growalot Newbie

growalot

Posted
Posted

had a neighbor put in a false complaint to the DEC that we had an oil dump on our property(revenge for me buying land they thought they had first rights to)...The DEC showed up at my door with a special hazmat investigator from Albany ...They had to ask me permission to enter my property for a search...It was my day off and I said yes with my accompanying you and they waited at the door until I put on my shoes...now I could have said no and they would have had to come back with a warrant. That is all there is to that

 

In Florida I was taken down with the two daughter my fathers girlfriend took from school. She had 4 but 2 were out ill. weeks later while my visiting brother slept on the couch their father pushed his way through the door...long short the two of use got him out and to his rental where there was a loaded hand gun on the floor of the backseat. moments later to cops show up...He heads them off out side and I(12yrs old) lock us up in the trailer...now we have a stand off two armed (off duty) cops demanding my giving up the girls ..two me saying no I wont' open the door they threaten me to no avail then my brother...the 3 yr old is crying to leave but the 7 yr old wants to stay...I didn't like her any ways so told the cops I'd send out the youngest only but they'd need to shoot me to get the other...out the door she went and they all left... So DO NOT BELIEVE EVERY UNIFORMED COP..Call the local head quarters...those two were paid thugs...and their capt wasn't pleased...back then their was no "custody" issues and laws like today...it was who ever had possession of the child. Those cops avoided trespassing. so two examples of saying no!  Though one was a yes but only with my coming along.

Link to comment
Share on other sites
jjb4900 Newbie

jjb4900

Posted
Posted

had a neighbor put in a false complaint to the DEC that we had an oil dump on our property(revenge for me buying land they thought they had first rights to)...The DEC showed up at my door with a special hazmat investigator from Albany ...They had to ask me permission to enter my property for a search...It was my day off and I said yes with my accompanying you and they waited at the door until I put on my shoes...now I could have said no and they would have had to come back with a warrant. That is all there is to that

I would bet that if they had a large enough complaint to follow up on, that it wouldn't be a problem for them to do a flyover if they thought it was necessary........

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to topic listing

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...