Can Animal Control Come On Private Property
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Beast Control Inbound Belongings My question involves animate being law for the State of: CA
I live in Elk Grove, CA. When I was at piece of work, an Animate being Control agent came to my house knocked on the door (my married woman was in the shower) and when no 1 answered he went through my side gate into my dorsum yard. He establish our nine calendar month old Labrador who was on a leash line that allows him to move approximately 15ft in any management, he has acceptable shade and domestic dog firm, grass, h2o and food. He is on the leash line because he has a tendency to scratch at the window screens and rip them. He is never on the ternion for more than 30 minutes at a time.
My married woman said she seen the amanuensis walking around the backyard and side of the firm when she got out of the shower, he then went back to the front door and began knocking once again. She answered the door, and apparently he didn't have a problem with anything, but he demanded to see the dogs license and vaccination records.
My two questions are:
1. Does the agent take the correct to enter my property, uninvited and without a warrant? (Specifically the side gate. It was airtight, and you accept to reach over the fence to release the latch from the within, but at that place was no lock on information technology.)
2. Does the amanuensis have the right to demand the paperwork for my domestic dog?
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Re: Fauna Control Entering Property did y'all report this to the police?
an amanuensis of the state may have a right to enter your property without a warrant if there is probable cause to believe in that location is a valid justification (exigent circumstances). Other than that, they are trespassing.
and I am non certain but I doubtable they do have the correct to need your paperwork if information technology is required in society to board a dog at your house and y'all in fact exercise have a domestic dog boarded at your house.
- Re: Animal Command Entering Holding
No I haven't reported it to the constabulary (yet?)
I'thou just trying to observe out if they broke the law by "trespassing" or if they can claim probable cause?
I am less concerned about enervating the paperwork, it's all in club and then I don't actually care. I am really mad most them coming into my chiliad though but if I take no recourse so that'due south that I gauge...?
- Re: Animal Control Inbound Property
He would have to articulate an exigency in lodge to enter the backyard. Without knowing the reason he was there, no one tin can say whether he entered unlawfully.
Reporting it to the constabulary ain't gonna result in a trespass charge, distressing. Trespassing in CA is not as uncomplicated every bit walking into the dorsum yard without permission - other requirements must exist met.
If the police force run animal control operations in Elk Grove, then it might be a personnel or grooming issue if the ACO thought he could enter whatsoever thou where he might suspect a dog is. If the police force exercise not run fauna control, then perchance you can call the ACO's part and mutter nearly his deportment.
- Re: Fauna Control Entering Property
It'south really unfortunate that information technology seems as if at that place'southward nothing I can do virtually it aside from (perhaps?) file a complaint that will what...? Stop up in the trash bin at City Hall?
Am I over-reacting for being upset and feeling like my personal space and freedom and privacy were violated?
My wife said that his reply to "why were you in the backyard" is because his office received a call of a barking dog and he went to investigate information technology and no one answered the door when he knocked; and he heard the domestic dog barking. This was at 1pm in the afternoon, non like 3am causing a nuisance...
- Re: Animate being Control Entering Holding If you don't, then how will the agency know that there might be an consequence? Not everything requires - or tin can potentially result in - beingness clapped in irons, tortured, or fired. Merely, if no one reports the affair the agency cannot address information technology. There might have been a valid reason, there might not have been. If the agency does not know they cannot look into it and they cannot place whether they have a liability in this ACO, or if they have a possible grooming issue that needs to be addressed.
Quoting brandenk
It'southward really unfortunate that it seems every bit if there's nothing I tin can do nearly it aside from (perchance?) file a complaint that will what...? Finish up in the trash bin at Metropolis Hall?
Had evidence of wrongdoing been uncovered, it could have been suppressed.
You have a right to feel that way, but but if you are expecting a criminal prosecution or termination, yes, you are over-reacting.Am I over-reacting for existence upset and feeling like my personal infinite and freedom and privacy were violated?
Depending on the local ordinances and whether the caller too indicated that the dog was tied upward and in distress, or something similar that, this may have been sufficient to enter the thousand. It sounds like it might have been proper, only it might also have been improper. Again, it may exist a good training issue for the agency to look into.My wife said that his answer to "why were you lot in the backyard" is considering his role received a call of a barking canis familiaris and he went to investigate it and no one answered the door when he knocked; and he heard the canis familiaris barking. This was at 1pm in the afternoon, non like 3am causing a nuisance...
- Re: Animal Control Entering Property while it may non result in a trespass charge, the real intent wasn't actually to bring about that result. More than so just so it is "on tape" and hopefully volition result in the offender being corrected. Quoting cdwjava
Reporting it to the police ain't gonna result in a trespass charge, sorry. Trespassing in CA is not as simple equally walking into the back yard without permission - other requirements must be met.
.What I hadn't considered though is at that place was a violation of the OP;s rights and this, although by and large not compensable in whatever real manner, is an egregious act that needs to exist addressed. No agent of the country should believe he has a right to wander about private property without proper legal justification.
Of course, if he had such justification, in that location is no breach of rights.
In my opinion, not at all. I would exist very pissed had it happened at my house.Am I over-reacting for being upset and feeling like my personal infinite and freedom and privacy were violated?
filing a complaint is likely the best reaction here. Any other deportment go expensive and there are generally no real rewards, even if y'all are successful.It's really unfortunate that information technology seems equally if there'due south nothing I can do about it bated from (perchance?) file a complaint that will what...? End upward in the trash bin at City Hall?
was the domestic dog barking? Excessively? In a manner that would advise the domestic dog is in distress or injured? What are the laws regarding barking dogs in your area?My wife said that his reply to "why were you in the lawn" is considering his office received a call of a barking dog and he went to investigate it and no ane answered the door when he knocked; and he heard the dog barking. This was at 1pm in the afternoon, non like 3am causing a nuisance...
If it was merely barking here and there, I would believe he had no right to enter. If the dog barked like it was injured or in distress, although I believe he should not have entered without other actions offset, I believe he may have had the right to. Excessive barking? I do not think he had a right to enter simply await for Carl to chime in.
- Re: Beast Command Entering Property The constabulary may practise nothing more than make a note of it. If information technology is not apparently a law-breaking, they may non do any followup or even contact the ACO. Contacting the employer would exist the fashion to right behavior - if, indeed, there is beliefs to be corrected. Quoting jk
while it may non effect in a trespass charge, the real intent wasn't actually to bring most that result. More so simply so it is "on record" and hopefully volition result in the offender beingness corrected.
And a complaint to the employer should resolve that effect by them looking into it. I suppose the OP can as well rent an attorney and pay a lot of money to effort and go this before a court, but without damages and no prospect of an award that might even pay the chaser's fees, I wouldn't recommend this.What I hadn't considered though is at that place was a violation of the OP;due south rights and this, although more often than not not compensable in any real manner, is an egregious act that needs to be addressed. No amanuensis of the state should believe he has a right to wander near private property without proper legal justification.
Of class.Of course, if he had such justification, there is no alienation of rights.
I meet a lot of "maybe" in there. I am not familiar with the animal control ordinances in Elk Grove, and nosotros do not know what the ACO had been told prior to his arrival. At best, he had an articulated exigency to make the minimal intrusion to the yard to cheque the welfare of the dog. At worst, he entered without legal cause only without any real harm.If it was simply barking here and there, I would believe he had no correct to enter. If the dog barked like it was injured or in distress, although I believe he should not have entered without other actions first, I believe he may accept had the right to. Excessive barking? I exercise not think he had a right to enter but wait for Carl to chime in.
I see the most responsible route here to exist a complaint to the Animal Control agency and allow them look into it.
Source: https://www.expertlaw.com/forums/showthread.php?t=124923
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