REMEMBER -- YOU DO NOT HAVE TO ALLOW ANYONE INTO YOUR HOUSE
WITHOUT A PROPER SEARCH WARRANT!
SUGGESTED STEPS TO BE TAKEN IN THE EVENT OF LOCAL ANTI-DOG
ENFORCEMENT.
The following text outlines methods of inquiry and enforcement which may be
used by local officials in attempts to enforce anti-dog ordinances in your
community and suggested techniques of response. These techniques are
entirely legal and based upon the rights of citizens as stated by the U. S.
Constitution.
A: TELEPHONE INQUIRY OR THREAT: You may receive telephone inquiries
concerning the number of dogs you own and whether any dogs or puppies are
for sale. Other questions may also be asked.
Your response should be to inquire "Are you interested in a puppy?" If the
answer is "yes", ask that person for his name, address and phone number.
Suggest that you or a responsible breeder will contact that person at a more
convenient time for you.
If the answer is friendly and genuinely inquisitive, invite the person to
look at your puppies.
If the question is asked "What price is each puppy being sold for?", simply
say that puppies of this type are being sold for between "X" and "Y"
dollars. Never say that you are selling them.
If the question is asked "Are these your puppies?", you should ask "Why do
you want to know?"
If your conversation indicates that the person is representing the county
clerk's office or allegedly representing an official body, ask the caller
for:
FULL NAME, TITLE, PHONE NUMBER
SUPERVISORS FULL NAME, PHONE NUMBER
AGENCY'S FULL NAME AND FULL ADDRESS
NATURE OF THE INQUIRY (what it is about)
WHY THE INQUIRY IS BEING MADE
HOW YOUR NAME AND PHONE NUMBER WERE OBTAINED
ASK THAT ALL FUTURE QUESTIONS FROM THAT AGENCY
BE SUBMITTED IN WRITING
If you believe that you are being harassed, do not give your address or your
name; it is not your problem to send the letter. Make a complete record in
writing of the date and time of each phone call and all the information that
was requested by you and the caller. Keep these records with your dog
records so they may be referred to in the future.
Under no circumstances should you volunteer information or admit any action
which may be in violation of the ordinances over the telephone. You should
not attempt to mislead or otherwise lie to a caller nor should you treat
such a caller with any more respect than you would a magazine salesman. You
do not have to incriminate yourself under the Fifth Amendment of the U. S.
Constitution and you should certainly not make such statements over the
telephone.
Do not bother to call back to verify identities or information simply
because you are requested to (you are under no obligation to spend money to
aid a criminal investigation of yourself).
B: PERSONAL INVESTIGATION: If you are
confronted with some official demanding to investigate your property, the
following responses are recommended:
If the person presents a badge, you should ask for:
HIS FULL NAME AND PHONE NUMBER
HIS SUPERVISORS FULL NAME, PHONE NUMBER
THE AGENCY HE REPRESENTS
HIS BADGE NUMBER
WHY HE IS THERE TO SEE YOU
IS THERE ANY COMPLAINT INVOLVED
WHO MADE THESE COMPLAINTS
(he probably won't answer)
WHETHER HE HAS A WARRANT FOR A SEARCH
REQUEST A COPY OF THAT WARRANT
(probably he won't have one)
You should answer no questions but ask that he send or deliver all questions
in writing. You should write down the answers to all of these questions as
the conversation proceeds. A simple notebook will do the job.
If you feel that a search of your home will lead to threatened confiscation
of a dog or a criminal complaint you should refuse entry to your home unless
the sheriff or police are present with a search warrant. If he says that he
can get one easily, then tell him to do so. Remain cool and polite. Call
your attorney as soon as possible
If you are faced with a threatened seizure without court hearing or court
order, call the police immediately. Also obtain the names of all persons
involved, including police officers. This may prevent seizure. Please
understand that seizure of property, without due process of law, is
unconstitutional, and due process of law should include a court hearing in
every action relating to such seizure. If the animal control officials or
police seize a dog, they may not destroy the animal or harm it in any way
until a judge has ruled that you are in violation and this can only occur
after a full hearing.
Call your attorney at the time of threatened seizure and ask him to help
you. Do not answer any questions from the police without legal advice. Do
not offer any explanations regardless of what they may be (police and
enforcement officials have a bad habit of misinterpreting such
explanations!). Remember, everything you say can and probably will be used
against you. Do not volunteer any dogs or other property.
Call other breeders in the area to warn them and inform them of the
occurrence.
C: COOPERATION: Remember that cooperation will
not usually avoid prosecution. Also remember that seizure of one of your
dogs without court action, under protest, amounts to prosecution without
trial. We repeat - anything you say or do in regard to the attempted
seizure or inquiries may be used against you in a criminal or quasi-criminal
action. Everything you say or do will probably be used against you. Write
down everything that is said or done as it happens. These notes can be
valuable evidence to defend yourself at a later time.
Try to avoid anger and avoid violence at all costs. Try to obtain as much
information as you can; the informers, enforcing officials, officers, etc.
Require enforcing officials and officers to put everything into writing.
They may not do it but you can ask.
Please note: This information is provided here for information purposes only and remains the property of its writer ... American Dog Owners Association, Inc. -- January 6, 1999
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