Government officials, including animal control or police officers, must respect dog owners’ constitutional rights when they seize or kill their pets. By
The government has broad powers to pick up, impound, and destroy dogs when the animals are a threat or their owners have violated animal laws, from leash requirements to bans on animal cruelty and keeping dangerous dogs. Still, there are limits on those powers. Whenever police, animal control officers, or other government officials seize or kill a dog, they must respect the owners constitutional rights.
State laws and local ordinances spell out when officers (and occasionally humane society agents) may take possession of dogs and put them in the pound or shelter. Those circumstances include:
Officials may generally pick up any dogs that are running loose and out of their owners sight, but specific requirements may vary. In many states, authorities are required to seize unlicensed, loose dogs. In New York, officers must impound any unlicensed dogs—whether on or off their owners property—as well as licensed dogs that are running loose and appear dangerous, and any dog that poses an immediate threat (N.Y. Agric. & Mkts. Law § 117). In Minnesota, anyone can seize an unlicensed, loose dog and turn it over to a shelter (Minn. Stat. Ann. § 347.14).
After a dog is impounded, authorities should at least try to contact the owner before they get rid of the animals by adopting them out, euthanizing them, or selling them to research facilities (where thats allowed). Often, its only a matter of a few days before shelters are allowed dispose of unclaimed strays.
Owners usually have to pay a fine to reclaim their dogs. The fine is usually minimal, but it can be expensive in some states.
Of course, if your dog is picked up and impounded without a license tag or some other identification, shelter employees wont have any practical way to identify and notify you (other than by publishing a notice with a description of the dog). Unless you manage to find your lost pet in time—usually by calling or going to all of the shelters in your area—youll be out of luck. If your dog has been adopted rather than euthanized, you still may not be able to get it back. In a Georgia case, for example, a purebred dog was picked up wandering without a license or vaccination tag. The shelter kept it for nine days and then placed it for adoption. When the owner finally found out, he sued the shelter in an effort to get the dog back or get compensation for its value. The court threw out his lawsuit, finding that the shelter had properly used its power to dispose of stray dogs. (Johnston v. Atlanta Humane Soc., 326 S.E.2d 585 (Ga. Ct. App. 1985).)
Depending on whether an impounded dog has a license, some states have different minimums for the amount of time the shelter must keep the animal before getting rid of it. In Oregon, for instance, licensed dogs must be kept at least five days, while dogs without a license or ID tag only have to be kept two days (Or. Rev. Stat. Ann. § 609.090).
What if officers cant catch a loose dog? If it doesnt have a license tag, some states authorize officers to kill the animal (see, for example, Ky. Rev. Stat. Ann. § 258.215). In Kentucky and elsewhere, officers are also allowed to kill any loose dogs that pose a risk to safety.
State animal cruelty laws generally give officials the authority to take control of mistreated or neglected dogs. Typically, animal control officers need to apply for a warrant first, but some state laws allow seizures without warrants when the officers have probable cause or even reasonable cause to believe that the animals are in immediate danger of harm. Either way, the owner should be notified of the seizure and should have the chance to fight the charges at a hearing. If the court orders temporary custody of the animal during the criminal proceedings, the owner will usually have to pay a bond to cover the costs of taking care of the dog. In certain states, someone whos found guilty of animal cruelty will automatically lose ownership of the dog (see, for example, Okla. Stat. Ann. tit. 4, § 512).
Under the dangerous-dog laws in many states, animal control officers may also impound a dog during proceedings to decide if its a risk to the public because of its history of biting or attacking people (or sometimes other dogs). These laws usually include provisions for ordering dangerous dogs euthanized in certain circumstances.
Because animals are considered property under the law, their owners have certain constitutional rights before theyre taken away: the right to due process under the 14th Amendment, as well as a right to be protected from unreasonable search and seizure under the 4th Amendment. In general, that means that government shouldnt take animals away from their owners without probable cause, and owners have the right to be notified when their dogs could be or already have been seized, as well as before the animals are euthanized. Owners also are entitled to a fair hearing where they can present their side of the story and try to get the dog back.
When government seizes or kills dogs without providing these constitutional rights, owners may be able to sue for violations of their constitutional rights. In a New York case, authorities took a dog into custody after it attacked another dog. Almost immediately following a dangerous-dog hearing, the hearing officer ordered the animal euthanized. But the owner learned of that decision in a phone call just before his dog was killed, and his attorney didnt receive official notice until three days later. The owner sued the city, and a federal court found that officials had violated his rights to due process and against unreasonable seizure. Besides the late notice, the court noted that the hearing officer hadnt stated the reasons for the decision or the evidence supporting it, and the owner didnt have a reasonable amount of time to appeal the decision. (Van Patten v. City of Binghamton, 137 F.Supp.2d 98 (N.D. N.Y. 2001).)
In another case where authorities ordered a dangerous dog killed, the Nebraska Supreme Court found that the order wasnt reasonable, because the owners had taken extraordinary steps (including installing a $20,000 six-foot-high fence) to prevent the dog from escaping the yard and hurting anyone (State v. Lesoing-Dittoe, 693 N.W.2d 261 (Neb. 2005)).
When law enforcement officers come to a home to make an arrest or investigate a report of criminal activity, they often shoot dogs that are defending their territory by lunging at the officers or just barking aggressively. In these situations, courts have consistently found that the dog owners have a constitutional right not to have their animals killed unreasonably, because thats a form of unreasonable seizure.
But whats unreasonable? Many courts have found that killing a dog is reasonable only if its unavoidable and the animal poses an immediate danger to the police officer (see Robinson v. Pessat, 818 F.3d 1 (D.C. Cir 2016)). In practice, judges tend to side with the judgment calls that law enforcement officers make. As a federal appellate court pointed out, police officers often have to make split-second decisions about whether its necessary to shoot a dog. In that case, officers killed two pit bulls during a drug raid. The officers testified that the dogs were barking aggressively, and one of them lunged at the officers when they entered the house. (Brown v. Battle Creek Police Dept., 844 F.3d 556 (6th Cir. 2016).)
In contrast, another federal court found that police officers violated dog owners Fourth Amendment rights by shooting their dogs, who were growling and advancing as the officers entered two different properties. The court found that the killing wasnt necessary, because officers hadnt made any plan for dealing with the animals other than shooting them, even though they had known for a week that there were guard dogs at the properties. Also, the officers didnt even try to use pepper spray to subdue the animals. (San Jose Charter of Hells Angels Motorcycle Club v. City of San Jose, 402 F.3d 962 (9th Cir. 2005).)
If you believe government officials broke the law or violated your rights when they seized or killed your dog, it would be a good idea to speak with a lawyer. An attorney experienced in civil rights law can explain how local laws and court decisions apply to your situation, as well as special requirements for filing claims against government agencies or suing the government for civil rights violations.
If the dog is not claimed by its owner during that time the dog is given to the Animal Rescue League to be evaluated for adoption by the League. Fewer than a dozen dogs are left unclaimed each year in Dennis, and most are adopted into new homes. Those few dogs that are not placed for adoption are usually very old, suffer illness or have severe temperament problems that make them unsafe to place in a home. These dogs are humanely euthanized for public safety and to end the suffering of the dog.
Massachusetts state law requires that all dogs brought in as strays must be held for a period of seven (7) days. The Town of Dennis contracts with the Animal Rescue League of Boston (ARL), one of the nation’s oldest and most respected Animal Welfare organizations, to house the stray dogs picked up in Dennis at their Brewster shelter.
Stray dogs are checked for any obvious injuries or health problems. If necessary they are taken to a veterinary surgeon for treatment. However, if in the veterinary surgeons opinion the dogs condition is such that it would be more humane to provide euthanasia or if the cost of treatment is so excessive, the dog may be destroyed.
It should be noted that even after 28 days, if a person can prove that they are the owner of the dog and requests the return of the dog, then the finder may have to relinquish his/her custodianship of the dog. Disputes over ownership are a civil matter and the authority does not become involved.
The law also requires us to make all reasonable enquiries to ascertain that the finder is a fit and proper person to keep the dog and that he/she is able to feed and care for it. Therefore a Council Officer will visit the finder (usually within one working day) to discuss the care of the dog and explain the finders legal responsibilities. This visit will be followed up with a letter confirming the details of this visit.
Under the Clean Neighbourhoods and Environments Act 2005, from 6th April 2008 Rochford District Council has had sole responsibility for providing a stray dog service to the public in the Rochford District Council Area. The Police no longer accept found dogs at the police station nor do they take reports of lost or found dogs.
Occasionally the finder of a stray dog may wish to keep it. In this case you must contact the Council with the dogs full descriptive details and your name and address, so that they can be recorded in our register. If you choose to keep the dog the law requires you to do so (unless it is claimed by its owner) for not less than 28 days and that failure to comply with this obligation is a criminal offence.
MUST SEE!! POLICE DOG ATTACKED BY PACK OF STRAY DOGS
Youre driving your car when you see a dog on the side of the road. With a sinking feeling, you realize they are alone. What should you do?
This is a wrenching scenario for all who care about animals. After all, what if your own pet were standing there? Use our guidelines for providing safe and effective help.
You cant help an animal if you become injured in the process. Look in your rear-view mirror before braking, turn on your signal, pull your car completely off the road, turn off the ignition, set the parking brake, and put on the hazard lights. If you have emergency flares, prepare to use them.
A strange, frightened, and possibly sick or injured animal can behave unpredictably. A sudden move on your part, even opening your car door, can spook them and cause them to bolt—possibly right onto the highway. If the animal looks or acts threatening, or if you feel uneasy about the situation, stay in your car.
If possible, restrain the animal. Create a barrier or use a carrier, leash, piece of cloth, or length of rope to keep the animal in the area. Signal approaching vehicles to slow down if you cannot confine the animal, or divert traffic around them if they appear to be injured and is still on the roadway.
Use caution when approaching the animal. Should you succeed in getting close enough to capture them, you stand a good chance of being scratched or bitten.
When moving toward the animal, speak calmly to reassure them. Make sure they can see you at all times as you approach, and perhaps entice them to come to you by offering strong-smelling food such as canned tuna or dried liver.
If you are certain you can get help from animal control very soon, try to lure the animal into your car with food, close the door and wait for help. In most cases it isnt a good idea to attempt to drive somewhere with a strange dog unrestrained in your car; they may become frantic or aggressive. Cats may do the same, as well as lodge themselves under the car seat, and it can be dangerous trying to extract them.
If youre not able to safely restrain the animal, call the local animal control agency (in rural areas, call the police). Do so whether or not the animal is injured, and whether or not they are wearing an identification tag. Leave your phone number with the dispatcher, and try to get an estimate of how long it may take someone to respond. If possible, stay on the scene to keep an eye on the dog or cat until help arrives. Make sure you report to authorities precisely where the animal is by using road names, mile markers or landmarks. Top 10 tips
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If you are able to transport the animal, take them to the nearest animal shelter. If you plan to keep the animal in the event no owner is found, notify animal control that you have the animal or that you have taken them to a veterinary hospital for treatment. You can usually place a free “found” ad in your local newspaper or on sites like Craigslist. Keep any identification, such as collar or tags.