We have information that a significant federal case will be moving forward that will help advance the rights of those who wish to breed or sell pets… oftentimes in the past, we have seen cases where errant seizures result in a loss for owners. HUGE losses. In case you have been in the dark as to the seizure law in California, it is a built in forfeiture statute. Repeat—FORFEITURE STATUTE.
When property is seized under the penal code for claimed animal abuse or neglect, there is an attached abandonment feature. In order to preserve your rights, you have to PAY the entity that took your property, some money!! Then if you fail to PAY that money–you lose ownership of your property! It is FAR more complicated than that, but that’s the basic premise.
Also, your property is simply taken from you while they raid your house. They are never held accountable for what they take out of your house? Only in the Hell’s angel Case out of Santa Clara when the raiding officers went hog wild, were the government agents held to task for their actions. They also killed at least one dog, and they were in trouble for that also. The total payout for group and individuals, etc. was close to $2million. (We talked to attorney Snell years ago re the case.)
The new case we are talking about does involve a seizure, and of the cases we have seen in the past, this particular case is unlike any other case, because it has specific facts which prove nearly all of the stuff we have been writing about since 2008….. nine long years….. our 9 year anniversary was yesterday……and y’all don’t really think we kept pluggin’ along all this time for nothing do ya??! *wink*!!!
When the case is assigned a case number, we will be publishing the case here for all to read…. we expect it will not take place for about two months…………………..
Although it is true that we have won a post seizure case in North Hollywood, the owners chose not to file a tort claim or a lawsuit. The seizure law in California and the California Penal Code as written could be tested facially or as applied (for constitutional law purposes..) See http://rationalwiki.org/wiki/As-applied_challenge We are aware that well known attorney Mr. Wagman (Bay area) pitched a useless claim to the court which, according to him, justified a seizure based only on the law as written. Wagman further claimed that such law was used in published cases which shows that the law is valid and that if anything, the Legislature would be at fault if it was not sound.
Well, Wagman may work for a big law firm and knows animal laws, and probably wrote some of it, and he supposedly authored one of the animal law case books. But Wagman is a rabid AR that likely gets paid a lot of money to pitch these theories. We look forward to being able to show that Wagman really doesn’t know what he’s talking about when it comes to applying the facts to the law as written. Especially when the law has already been broken by rabid AR alleged officers that believe they are government police? Further, we believe that the governing laws on all of the CA HO’s (humane officers) is legally— seriously lacking, improper, and dangerous. Why? Because they are not, and have never been, actually held accountable for their actions, because there is no law or regulation that oversees their actions. Lack of oversight is actually not legal. Despite what the HO’s claim.
Further, it is our belief that the continuing laws being passed which disallow the sales of pets which are “not rescued, not from a non profit, not a shelter animal”, or laws which disallow the sales of animals generally simply because of their claimed “source” (such as a breeding kennel, any breeder source at all) — is basically illegal, depending on how they are written.
In California, the AR groups have put pressure on the Legislature to outlaw the sales of NON-rescued, purposely bred, purposely purchased animals, which are NOT from a NON profit. Many may disagree, but basically many of those laws when taken together as a whole in the entire state, amount to a purposeful aim to eliminate the sales of animals that people want to buy. Essentially when taken as a whole, most of the Ar laws that focus on selling are done to gain an advantage for non profits. Unfortunately, what people don’t realize is that non profits usually have to buy the puppies they sell from the very sources they tell buyers not to use? Such as the Bichon sellers of dogs they buy from auction? WTH??
Despite the popular AR claim that any commercial breeding setup is simply crap and illegal, that belief is simply propaganda pushed by AR activists. It is definitely possible to run a kennel that involves breeding of dogs on a larger scale than simply having two dogs that live in your house. Dogs are not children and they are not humans, despite the attributes that they have. People are so displaced in today’s society, focusing on things like Facebook to the exclusion of understanding people and talking in person. They don’t really bother to THINK very much anymore. We have never stopped thinking about the bogus seizures we have seen, and have added to our team now, both a former USDA vet inspector and a very well known vet who has testified in published cases.
Reality is completely distorted by Hollywood movies and shows. Reality shows are simply scripted preplanned shows for entertainment value. When ARs use actors and Hollywood stars to push animal laws, we are never amused, but instead, we find such tactics to be typical propaganda which never stops. The public is dumb-downed by the antics they see on TV, their phones, movies, etc.
Our aim is to win a case where we can prove that the rights of people are being trampled– and they don’t even know it.