The Dog Catcher, also known as the Animal Control or AC in some areas, is the acting authority for the city or county on animal control issues. The city and county provide the laws for the Animal Control officers to uphold, this is their statutory authority. For any law to be valid, it must not infringe upon our civil rights as provided for us in the United States Constitution. Every person has the constitutional right to protect any one of his rights which he feels has been violated. In defending himself against the tyranny of government, no matter how slight, he is preserving the rights of all of us, usually at great cost in money, effort and time. How do we defend our rights? First we must know what those rights are.
What should I know?
Be active within the wolfdog community and stay current on the issues.
It's far easier to know what to do in an emergency situation if you are
current on the issues. When animal control is standing at your door, IS
NOT the time to catch up on current events and your rights.
Do not tell everyone your dog has wolf in it. Although there are no definitive tests that can prove wolf content, one's owns words can be used against them in a court of law. Documentation stating they are wolf mixes, such as vet records, and city licensee's can later be used against you. Although having wolf paraphernalia no more proves you have a wolfdog than having matches proves you are an arsonist.
Be sure you have and understand your local ordinances on animal control. You can collect these from your local library and/or the city/county clerks office. Read them, understand them, and you could even go as far as checking the constitutionality of them. Such as, do they provide for a hearing before seizure? One of our basic constitutional rights is the right of "Due Process" under the 14th amendment. Another thing to look at is State codes, and the State constitution.
ALWAYS, always, always keep your gate's locked and if there is a lot of play between the gate latch and the pole, chained also. This will prevent anyone from trespassing on your land and possibly opening your gate and releasing/taking your animals.
Rights of an Accused in a Criminal Proceeding
A person accused of a crime in violating a specific law has the right
to challenge the law and the arrest if it is so vague and indefinite that
it does not set up definite and ascertainable standards of guilt.
Ex Post facto {Article 1, section 9}
"No Bill of Attainder or ex post facto Law shall be passed."
No state may pass a law which will, in effect, make an act , which was
legal and permissible when committed, punishable as a crime. This includes
those laws which increase the penalty of crimes committed prior to their
enactment. This is also referred to by some as the "grandfather clause."
Searches and Seizures {Forth Amendment}
"The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized."
No law shall be passed which violates the right of the people against unreasonable searches and seizures. Everyone is protected against the unreasonable search of his person, his house or his premises and the seizure of his papers and personal property by any law-enforcement officer or representative of the government, this includes animal control officers. Unless evidence is legally obtained after a legal search with a warrant or as incidental to a legal arrest, it cannot be validly received in a criminal proceeding against the owner. A warrant authorizing a search must be based upon a statement under oath by law-enforcement officer which describes the place to be searched and the person or thing to be seized. It must also set forth sufficient reason and probable cause to show the need for the search. This requirement makes general searches impossible and prevents the seizure of items not described in the warrant.
Due Process and Equal Protection {Fourteenth Amendment, section
1}
"No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without due process
of law; nor deny to any person within its jurisdiction the equal protection
of the laws." This guarantees every one of us, the right to submit
a defense, the right to cross examine and be cross examined and to be confronted
by all witnesses.
Dogs and other animals are considered "property" under the constitution of the United States. Since they are considered "property" they also carry constitutional protection against unlawful seizure from animal control without due process. If an ordinance encourages arbitrary and erratic law enforcement or if it places unlimited discretion in the hands of the police, the law will be unconstitutionally vague and violative of due process. This especially rings true in the breed specific wolfdog ordinances, since the wolf and the dog are the same species, there are no definitive tests to distinguish wolf content in dogs or even breed type. Unless the owner has papers stating breed or cross, one can only give there subjective opinion as to breed or cross. This clearly would be in violation of the fourteenth amendment because it encourages arbitrary and erratic law enforcement.
Careful analysis of breed specific ordinances concerning wolfdog hybrids
and the fourteenth amendment equal protection clause, also appear to be
unconstitutional because the classification of one breed as inherently
more dangerous than others is arbitrary and under inclusive. While
a deadly assault is tragic, it is unduly oppressive to classify wolfdog
hybrids as uniquely dangerous. Many breeds are capable of and responsible
for fatal attacks on people. Requiring wolfdog hybrid owners to take special
precautions therefore appears to be violative of the equal protection clause
of the fourteenth amendment.
What can he do?
Even though there may not be any ordinances against or restrictions
of wolf dog crosses, does NOT mean they won't try to take your animals.
Unfortunately, animal control officers around the U.S. generally take only
a short course before being given the typically low paying job. These people
are not versed in the law or civil rights, heck most of them are not even
trained in animal welfare. Above all, don't answer any questions unless
you HAVE to and don't answer beyond the minimum.
They will many times tell you that they are the law and they can do what they want! WRONG, they have only so much authority given to them in the city/county statutes. This is called their statutory authority, ask for it at what ever they try to do. There have been numerous cases where there was none. The person was told the law exists because I say it does. They MUST show you the statute. Stepping beyond their statutory authority makes them become personally liable for their actions.
Many city's have adopted codes of conduct for their officers that state they shall not step beyond their authority. These codes are designed to protect the city from an officer stepping beyond their statutory authority. So in essence the city will not backup an officer that steps beyond their authority and in all likelihood would also file charges against the officer in order to protect it's own butt. Remember when they violate their oath of office to support, uphold and defend the constitution, then they make themselves personally liable for any detriment to you. Conspiracy to deprive one of one's rights is a very serious crime.
If they are looking for something, they MUST have a search warrant. Demand to see a copy.
If they try to seize your animals be sure to request their statutory authority to do so. Many times it says they only have the right to seize an animal on the owners property if it is injured or abused. If it's not spelled out in the statute they have no right to seize your animal and are stepping beyond their authority and become personally liable for their actions.
Title 42, United States Code section 1983 states that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . ., subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
(Cf. In re Quackenbush (1996) 41 Cal. App. 4th 1301, 1306-1307 [49 Cal. Rptr. 2d 147] [where dog has bitten someone, exigent circumstances may justify warrantless seizure of dog from residence if necessary to determine whether dog has rabies]; see also Camara v. Municipal Court (1967) 387 U.S. [**21] 523 [18 L. Ed. 2d 930, 87 S. Ct. 1727] [Fourth Amendment precludes warrantless searches of residence to enforce municipal fire, health, and housing codes].)
They may threaten to arrest you for obstruction of justice. Don't fall for it, until they can provide you with their statutory authority for whatever they want to do, you are not obstructing justice and only standing up for your rights. You may have to explain to them that you are not obstructing justice and you will comply with their wishes as soon as they can either come up with their statutory authority or a court order. Be polite but firm.
Another one they may try you with is "We'll just take it as a vicious
animal." Again ask for the statutes, in
most cities, animals must first be deemed "vicious" in a court of law.
Don't fall for the "We'll show you the statute when we take your animal to the pound." Once they gain possession, they can put your animal down in 3 days in most cases. In some cities, they can put down an animal immediately if they consider it wild. The only way to prevent it form happening would be to file an injunction against it. Unfortunately, by the time you acquire a valid injunction the animal could be dead. Only release your animals to them upon proper statutory authority or a court order.
Stand firm. If they continue, call the sheriff, or if it is the sheriff, call the mayor and have them arrested. If you can't do that, then warn them they are stepping outside of their official capacity and become personally liable should anything happen to your dog.
Bottom line though, they MUST give you the law.
I can say from personal experience it does work to stand your ground
and insist on them providing you with their statutory authority on
anything they attempt. Be polite but firm in demanding your rights. Also
remind them that if they step beyond their authority they become personally
liable for their actions. They will probably give you some grief and call
for backup, but stand firm. ABOVE ALL, KNOW YOUR RIGHTS BEFORE THEY SHOW
UP AT THE DOOR, once they gain possession it's too damn late.
References
University of Cincinnati Law Review, The New Breed of Municipal Dog
Control Laws: Are They Constitutional?, Lynn Marmer, 1984
Handbook of Everyday Law, Third edition, 1975, Martin J. Ross, Harper & Row Publishers NY
Special Thanks to Guardians of Wildlife
Animal Control is Knocking on Your Door . . .
What would you do?????
Special thanks is given to Carol from Guardians of
Wildlife. Carol has taught myself as well as others our legal rights and
how to protect them.