Well, it’s not new exactly, but it’s newsworthy at least. You may recall we mentioned that the SHAC group which certifies Humane Officers (gag)…was helping sponsor a “training class” recently??
WELL WELL WELL…………..guess what we learned???? At the class the participants have been/were instructed—that when there is a seizure, they are to give out the post seizure hearing notice, even if a warrant was used or NOT?
Clearly, there is no provision for doing that under the law as written. And there were plausibly only two attorneys at that class (Wagman and Holmes..and Holmes doesn’t know much about seizures from what we have seen..and Wagman is a big mouth with credentials who wants small groups to raid everything/take the money if you ask us, we aren’t betting on who’s wrong, but it’s not likely us….)
Let’s be clear here–when a warrant is used under PC597.1— attorney Bruce Wagman clearly stated, under a court reporter transcription, in Placer County, California, that under PC597.1 when a “warrant” is used —it means that there is no further due process hearing on the issue. In other words, the PC597.1 code does not provide for a post seizure hearing when there has been a warrant used.
A review of the law indicates only in one section, any mention of any possible return of animals, and believe us, it isn’t enough to have any type of effect on getting animals returned. Why? Almost NO owners are ever able to pay the fees racked up to even return anything, let alone every animal? Most seizures have fees from $5,000 to $95,000+ and the fees go up daily. YES, daily. [One only has 14 days to pay the $$ from date of seizure, so having a so called “post seizure” hearing AFTER the 14 days is just ludicrous,since the code is clear that if the entire payment has not been made, you are done.]
Since no post seizure hearing is made available if warrants are used, and that’s the reading of PC597.1, the owners must pay the full tender of all the fees of seizure, vet, storage,etc. and normally that’s how all CA seizure cases work–criminal charges or no criminal charges, you aren’t getting anything back unless you pay the entire costs that the AC, rescue, or whoever has the bill, says the bill is?? *[If by some miracle you actually traverse the warrant and win, then you would not owe anything…there is usually never enough time to do this as the 14 days will have expired…]
It is very clear that PC597.1 is a total forfeiture law. Failure to pay entire bill means abandonment of the animals because that is what that law says. AND if you aren’t charged with a criminal offense, you have no criminal case number to use for traversing the warrant. In fact, we have that exact case right now.
Then you have to PROVE that you can meet the mark that AC claims you need, to further provide whatever things they will claim you need to prove? What kennel? what permit? What housing? What air conditioning? Fencing? Storage? Water source?
Basically, we all know PC597.1 as written, does not give due process with a warrant. .apparently the warrant itself is good enough so if you are criminally charged you can challenge the warrant… and that is exactly how most seizures have worked, they get a warrant (they didn’t have exigency most likely) — then they lie!!
Then because of the lying re what really happened, no criminal charges are filed and guess what? The rescue racketeers take everything they have stolen–whatever they took in the raid–and they don’t give back much, if anything. Ever. Why does this bother us so much? It’s because the fact is that animal rights zealots and humane officers can just make up anything they want and take people’s animals because they can get away with it.
Well, we just got another seizure case that did exactly
what we stated above, PLUS they seized the kid!!
Kid is put into foster care via CPS and guess what?
Kid now has a black eye, has bedbug bites all over, and has many marks on her back indicating pinch/twist for punishment likely?
When people try and fight back against animal rights laws, this is exactly the type of things that happen because thanks to people like attorney Wagman and the HSUS et al, plus the propaganda machine, the claimed crime of animal neglect or abuse is now worse than child neglect. And child neglect has less fines and forfeiture!!!!!