Warrantless entry/search ok, says NY Appellate Court

An ASPCA agent accused of storming a Staten Island home while mugging for the cameras of an Animal Planet reality show acted legally, an appellate court has ruled.

The Feb. 27 majority ruling by Appellate Term Justices Michael Pesce and Michelle Weston Patterson overturned a lower court decision and clears the conduct of agent John De La Torre in the 2005 raid.

The decision also reinstates criminal animal cruelty charges against Kevin Lewis and Barry Delaney, two Port Richmond animal rescuers who had six dogs seized after De La Torre determined they were flea-infested and malnourished.

This is sad beyond all words.   Quick, how many of you have ever had a flea on a dog.  Raise your hand.  Now, I guess if you raised your hand, you must immediately march to the nearest police station and turn yourself in for “animal cruelty” - somehow, I’m sure that having one flea constitutes being “infested.”    As for “malnourished” - what were the circumstances - were these recently rescued animals?  Why were only 6 of the dogs “malnourished?”   Did they just decide to quit feeding 6 of them and continue feeding the rest?  Would a reasonable person conclude that was the case?

“We think we have a very good shot at having this reversed back to the dismissal,” said Feldman, arguing Delaney did not consent to the search. “They’re animal rescuers. They devoted their lives to this.”

It is horrible beyond all comprehension to be told that something you have devoted your life to (not to mention a great deal of money in most cases) has been done so badly that it is actually criminal.

It isn’t only rescuers this is happening to, either, of course.  It is breeders, and plain old ordinary pet owners.  We have got to stop these people, somehow, some way.  Got an idea?  Leave a comment.

Here’s the link to the full article.

http://www.nydailynews.com/ny_local/brooklyn/2009/03/11/2009-03-11_appellate_court_clears_aspca_agent_who_s.html

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Stolen dogs in Mobile, Al in “excellent condition”

Love this one! Now they just take dogs because they feel like it? Usually there is at least some pretense that the dogs are sick or suffering in some way, but now they are just taking perfectly healthy dogs. Well, I’ll tell you what happened here. Someone decided that 82 dogs was “too many” for X number of people to take care of.

People, if the dogs are healthy, or in “excellent” condition, it is really none of your business if someone owns 100, 1,000, or 10,000.

I will try to find out where to write to protest this.

More on stolen dogs:

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They steal horses, don’t they? (New Hampshire)

This is hard to watch, but it needs to be seen.   And it actually has a phone number, so we can all call and tell these people what a fine job we think they are doing.   My favorite part is where they actually *tape over* the license plate numbers of the trucks and the name of the farm from which they got the trailers to steal the horses.  Or maybe it is that they blocked off the entire road just to steal the horses.    And of course they had guns.  At any rate, just watch it.  And be appalled.

It probably would not be a terrible idea if you own animals to purchase and learn to use a video camera.  Just in case.

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In Loving Memory

Of the cats stolen from Tiger Ranch one year ago today, many killed, some still languishing in cages.

In Loving Memory

In Loving Memory

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TX: Austin Police Declare Open Season on Dogs in Parks

Not content to steal animals this Memorial Day weekend, Austin police decide to dispense with the formalities and go about shooting them in parks instead.

In front of families with children.

At Emma Long Park in Northwest Austin, this Memorial Day was one to be remembered for sure. Not for the shrieks of delight along the waters edge, but for the sound of gunshots on the picnic lawn.

Failing to actually kill the dog, they shot her 2 or 3 times and left her to suffer before finally ending her life. If you can’t kill a dog on the first (or 2nd!) try, do you really have any business discharging a firearm in a park filled with people?

But the force wasn’t quite deadly at first. Bystanders say the several bullets failed to kill the dog, who was left staggering and bleeding badly.

“There’s a crowd around screaming at him like I am to kill her, kill her,” exclaims Moreno.

And so they say the officer finally fired a fatal mercy shot. Contreras says his young children saw it all from just a few feet away, “They couldn’t stop crying. I said man, what’s wrong with you? Put the gun away.”

We wonder if this dog would have been shot had it not been for the “pit bull hysteria” that half the country seems to suffer from, despite the fact that more Golden Retrievers fail temperament tests than do pit bulls - per Nathan Winograd.

We bet that if the dog had been a breed that appeared less threatening, this would never have happened.

We hope the police will think before they shoot, next time. (Is this something that should need saying?)

Don’t shoot and kill family pets in parks. Don’t shoot and kill family pets period.

Our hearts go out to this family.

For the full story, click here.

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One of the worst cases we’ve ever seen!

It is a buzzword - phrase, really, since it is a group of words. It is the language. It is in the manual. But really, when you read about any theft of animals from their owners by animal control, if you read the news article, it is always there.

From Mark Madows’ blog:

So it’s the 29th of April, and I show up for this hearing. I go into the hearing officer’s office and he’s got two of the Animal Control people there. Unfortunately, the guy had more testosterone in his veins than blood cells. He has a three-quarter-inch thick file of paper, and he’s shaking his head and wagging his finger and telling me that he sees these terrible, terrible things in that file. He starts going down the list: there are more than three animals, and they’re not healthy, and the conditions are not healthy for human beings, and he goes on and on with all these allegations. While he’s ranting, I’m thinking he’s got the wrong file. I mean, it seems like he’s talking about one of those cases you see on TV, where there’s 57 animals living in a small apartment, plus twenty dead ones, all paddling around in feces stacked three feet deep. He finally says, “What do you have to say about it?”

“Will you show me a photograph, or a paragraph in your report there, that alleges the animals are unhealthy, for example, or a danger to human beings?”

He slams the file closed and says, “This is not a joke, this is one of the worst cases I’ve ever seen.” And he won’t show me a specific word that anyone has alleged, and he doesn’t show me any photograph.

Now, I suppose that I could believe that if someone had been working at the Los Angeles City Attorney’s office for say, one day, that a person who had feral cats TNRed and fed and watered feral cats *might* be the “worst case they’d ever seen.” Or, I guess if you hate cats with a passion impossible to comprehend, someone trying to help them might be the “worst case you’ve ever seen.” But it is pretty hard for us to believe, even then. And it seems this particular hearing officer, Ben Lovato, has a rather storied past. Seems he used to be a detective with the LAPD. And even just having been a dectective with the LAPD, one would have to guess that he’d seen worse things than a man trying to help some cats (personally I wish the worst thing *I’d* ever seen was a man trying to help some cats.) But it seems Ben Lovato has been around a while, and has a rather storied past.

Then there is the unnamed Los Angeles animal control officer (again quoted from Mr. Madow’s blog):

She said something like, “Your animals are all healthy, and they have adequate clean food and water, so my only question is why you do this.” I agreed with her that it was a lot of work, and I certainly don’t get the food for free. She said, “Well, if you’re doing this much work for this many animals, you must not have much of a life.”

Why do we do it?

Because we love animals, because we want to help animals, because it is the right thing to do? What business is it of hers why we do it? As for not having much of a life, well, we can all do the things we are able to do to try to have the kind of life we want. At least, in the America I want to live in. And getting feral cats TNRed deserves kudos, not criticism. Again, in the America I want to live in.

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LA City Attorney at it Again….

For those of you who don’t already read the excellent LA Animal Watch, here’s the scoop:

Seems a gentleman in Los Angeles has been TNRing cats in his neighborhood. That’s a good thing to do, right?

Keeps feral cat population under control, keeps rodent population under control, etc.

No vacuum effect.

Not to mention it is the humane thing to do.

So, what happens?

The neighbors start complaining. And not just complaining, but throwing metal pipes at the cats, poisoning the cats, installing 9 video cameras to monitor the gentleman’s property, throwing cat feces at the gentleman’s girlfriend, etc.
The City Attorney’s solution to this? Stop feeding the cats.

A friend of mine called this gentleman last night and talked to him for over an hour. Apparently he is allowed to have a birdbath (because the neighbors are not complaining about the birds, I’m guessing) and the adult cats drink out of that. However, the kittens cannot reach it and one tried to drink out of his pool and drowned. Cats have been poisoned and killed off his property while searching for food.

This gentleman foolishly let representatives of the City of Los Angeles into his home. Apparently he has 6 litterboxes in his home. One litterbox had feces outside of it (cats have been known to miss). They took a picture of this one. He asked if they wanted to take a picture of the clean one. They said “Oh no, we won’t need that.” (Gee, I wonder why). People, don’t let anyone in your house without a warrant. This is a recipe for disaster.

See relevant articles on LA Animal Watch:

http://laanimalwatch.blogspot.com/2008/05/i-want-to-apologize.html

http://laanimalwatch.blogspot.com/2008/05/city-attorney-refuses-to-let-madow-give.html

(warning, graphic image)

And the gentleman in question’s blog on the cats:

http://earthblog.net/eb-articles/cat_tribunals01.html

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Just another day at the office for some folks, I guess

In November, Christine Attanasio went to the Prince George’s County Animal Shelter to adopt a dog. She fell for a healthy beagle mix named CeeCee, a 2-year-old female scheduled to be euthanized that day.”No, no, no,” Attanasio recalled telling a shelter worker. “I’ll take her.”The shelter would not budge. Attanasio asked to speak to Rodney Taylor, head of the county’s animal management division. Taylor arrived after about 15 minutes, but it was too late. CeeCee had been euthanized.

Clearly this dog did not die, as some would have us believe, because there are “too many animals and not enough homes.” There was someone willing to take this dog and give her a home and hopefully love her forever. All we can ask is “why?” Was it easier to kill this dog? Did someone, God forbid, enjoy killing this dog? Why did this happen?

Even worse, it seems this is a not uncommon event at this “shelter.”

Taylor said 2,600 animals were adopted and 6,000 were euthanized at the shelter last year.

That doesn’t really give us enough information to determine the kill rate, since we don’t know what percentage of animals were returned to owners and fell into other categories, it does give us enough information to know it is abysmal.

Lisa Ordakowski, a volunteer with a Northern Virginia animal rescue group, said she went to the shelter on a Sunday about six weeks ago to evaluate canine rescue candidates. Two days later, she returned for a dog that was chosen for rescue. But she learned that the animal had been euthanized the previous day, Ordakowski said, even though the shelter had paperwork showing that the animal was slated to be rescued.

“The saddest part was the shelter wasn’t even completely full that day,” Ordakowski said.

So they’re killing animals for no reason. Got it.

For the entire article, click here.

Here’s the contact info…you know what to do!

Prince George’s County Animal Shelter
8311 Darcy Road
Forrestville, MD
301-499-8300

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Witch Hunt Against Elderly Couple in the UK

Ok, first I have to apologize to my good friend, who is actually a witch, for using the term “witch hunt” but really, sometimes it is just the right term to use.

Seems an elderly (73 year old) couple in the UK is being harassed and bullied by animal rights activists in an attempt to get them to give up their animals. Perhaps this means that animal control, or the UK equivalent, isn’t able to steal animals there? I don’t know, I’m not versed in UK law, but anyone who has knowledge please feel free to leave a comment.)

This was a 10 year old charity.

Can’t anyone step in and help people instead of well, conducting witch hunts (sorry MC)? I’m guessing it wouldn’t sell as many papers….

Pet rescuers Stella and George Harris say they are victims of a witch hunt following a damning TV documentary.

After the sudden closure of their scandal-hit sanctuary in Staunton, near Coleford, the elderly couple say animal rights activists are using bullying tactics to get them to rehome their menagerie.

Banner-waving protesters spent last weekend camped in a lay-by on the A4136 near the Harris’ home.

Click here for more.

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And another one bites the dust…..

Not a dogfighting ring, or a cockfighting ring, but a rescue. An 18 year old one, in fact. 18 years of saving animals from kill shelters, giving them a second chance. That deserves a medal. But what it gets is an arrest.

This is why, rescuers, you don’t allow adopters into your homes anymore. You can’t. It isn’t safe. Should it be safe? Well, we think so. But right here, right now, it isn’t. Set up meetups at local pet stores, or deliver the animals to the adopters. But don’t, for any reason, let them into your house.

Officers from the Prince William County Police Department’s Animal Control Bureau were at a dog rescue for the better part of Monday after receiving a complaint of animal cruelty that provided police with new information into an ongoing investigation.

Click here for more.

When does it stop? When we make it stop. Which I fear will be no time soon.

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