Dog Seizure, Constitutional Law+ Forfeiture


This is basically true– and we know. Currently we have been in the background of a California case where a neighbor complained about a breeder.

Although breeder didn’t have picture perfect setup, the dogs were not abused and the animals were not harmed. And even with a seasoned criminal attorney defender, we talked to him– and advised that when you have to attend the civil admin hearing testing the probable cause, you better be ready and come out swinging hard, because you otherwise will not have a record made.

Well in this case, the animal control humane people claimed that the admin hearing was not going forward with witnesses, that there would only be some informal procedure.  But upon showing up, the criminal attorney saw that not only were there witnesses for AC/humane people, they had it planned that way on purpose. So criminal attorney advised owner to take the 5th and refuse to answer or say anything.  The AC people got really mad and ended up “continuing” the hearing.

When the admin hearing was set for the continued appearance, the criminal attorney did not appear and wanted more funds for his work. We advised the owner that he likely knew far more about any breeding practices than AC or humane people would ever know, and to try and make sure that knowledge showed in cross examination.  The admin judge decided that there was probable cause for “inspecting” but he believed there was no animal abuse.  Thus when these “judges” listen to the AC and humane people, it is very important that the witnesses of the owner breeder be very strong and ethical, responsible and smart.  A vocal well reasoned witness can overcome contrived nonsense done by AC and their cohorts, but it must appease the hearing officer reasonably.

If your animals are seized and you know there is absolutely nothing wrong and there is absolutely no negligence at all, you would do well to get both a criminal attorney and an animal attorney. Because we do criminal defense and know animal stuff, we are in a good position to understand what would be needed in advance.  Most criminal attorneys do not know how bad the AR officers or humane officers are, they do not understand that dirt or mud can mean felony abuse;  they don’t realize that one runny eye can mean loss of animals for 5 years. They don’t know that not having a dog house with tons of cushions can mean a violation of “abuse” under the law in certain states.  They don’t realize that a dog outside can be the poster child for abuse because it was sleeping under a large vehicle.  They don’t know that unclipped nails or dog poop on the ground can mean owner is an animal abuser.

Well, that is the law in not only California, but in many other states as well.

If it is animal abuse to show, display, give away or trade your animal outside in public, BUT not if one is a “non profit” —–   is it any wonder that most criminal attorneys are unprepared?

Most attorneys do not know:

California:  That it is considered ANIMAL ABUSE IF YOU SHOW, DISPLAY, SELL, TRADE, GIVE AWAY a pet outside in public, on a parking lot or public easement– but NOT if you are a non profit?

That is is considered ILLEGAL to sell a dog or cat in a commercial sale, UNLESS it came from a shelter, non profit, or rescue?  In other words, you cannot sell a dog that came from a legal commercial kennel? This is the law now in 32 cities, including numerous Southern CA cities including San Diego??  THIS IS UNCONSTITUTIONAL PEOPLE !!



Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s