Discussion » Questions » Legal » I think this law passed by a town near me violates the 4th Amendment. Do you agree? Why/Why not?
beancrisp

I think this law passed by a town near me violates the 4th Amendment. Do you agree? Why/Why not?


Any police officer of the city is authorized to enter any premises where a dog is kept or
harbored, to inspect conditions under which the dog is kept, and to require the owner to
exhibit a license for the dog. No person shall hinder, molest, or interfere with any police
officer in the performane of his duties.

I disagree because having a dog is not probable cause that you are not taking proper care of the dog.

Posted - August 5, 2019
Tags : None

Responses


  • It clearly does but there's precedence for this BS. 

    In my state the DEC can trespass and enter without a warrant if they claim to be  investigating poaching.  You can't stop the DEC from trespassing when they want and as they want here.
      August 5, 2019 2:47 PM MDT
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  • 13395
    Disagree
    I am sure some cops would be abusing 'their powers'  and snooping through people's personal stuff. 
      August 5, 2019 2:51 PM MDT
    1

  • "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 seizure"


    LOLWUT? This post was edited by Benedict Arnold at August 5, 2019 5:31 PM MDT
      August 5, 2019 2:56 PM MDT
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  • 17592
    Name the city and state.  
      August 5, 2019 4:02 PM MDT
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  • 193
    Albemarle NC.
      August 20, 2019 1:54 AM MDT
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  • 4624
    I would have thought that the police would require a warrant under the Fourth Amendment.

    I also would have expected that police would have more important things to deal with than dogs - unless the dogs are suspected of involvement in the human owner's criminal activities - such as illegal dog fights, domestic abuse, hunting of protected species, or guarding hard drugs, stolen property etc.
    I can imagine a situation in which a dog might be incessantly howling or barking because the owner has died. Neighbours have complained. In that instance, the police would be the best people to check on what's happening.

    I would imagine that every State has animal welfare charities whose job requires them to check up on animals suspected of being neglected or abused.



    This post was edited by inky at August 5, 2019 11:18 PM MDT
      August 5, 2019 8:20 PM MDT
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  • 7939
    I tried to run searches to find out what city has that exact law. Nothing came back. However, I realized that a city near me (Globe, AZ) has a similar law. However, it's paired with all the animal ordinances, which also suggests that they can't just enter- they need to have a reason to believe an animal ordinance is being broken. That's probable cause. 
      August 6, 2019 2:11 PM MDT
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  • 46117
    THIS IS TOTAL NONSENSE.  Picture a judge allowing a ruling where a cop decided at random to force entry to a home because they own a dog.

    CUT IT OUT
      August 20, 2019 2:01 AM MDT
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  • 1893
    As you wrote it it is clearly a violation of the Constitution.  I think the city has better things to do with its time than deal with a court challenge
      August 20, 2019 9:39 AM MDT
    0