Every person has the 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 these rights? The first step is knowing what those rights are.
Be sure to know your local ordinances on animal control. You can gain these at 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.
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.
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.
They will many times tell you that they are the law and they can do what they want! WRONG, they have been given 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. 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.
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.
Above all, don't answer any questions unless you HAVE to and don't answer beyond the minimum.
Always ask for their statutory authority for anything they want 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.
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. Most cities have a code of conduct that prohibit employee's from stepping beyond their authority.
If they are looking for something, they MUST have a search warrant. Demand to see a copy.
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. They only way to prevent it form happening would be to file an injunction against it. 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.
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.
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].)
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.
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.
No law shall be passed which violates the right of the people against unreasonable searches and seizures.
Bill of Rights
Article the sixth [Amendment IV]
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.
Constitution of the United States of America
Article. I.
Section. 9.
No Bill of Attainder or ex post facto Law shall be passed.
Article. XIV. Section. 1.
All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. 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.
See Also:
Animal Control:
Agencies Out of Control
Animal Control is Knocking on Your Door . . .
What would you do?????