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.
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One Comment
Well… I’ve got an answer, of sorts…
In most states, “warantless” only applies if the person doing the search is an LEO that spots something on his normal rounds, etc. or has reasonable cause to suspect something’s up (hence the term we keep using…probable cause…). I question the role most of the “animal cops” have- most of them are not empowered as LEOs, they have to have the local police or sheriff’s department execute seizures (there’s you a hint…). In many states (It’s going to start getting interesting in Texas, I think…) there’s laws that require you to have a Peace Officer’s License or a PI’s License to do the things you see on Animal Cops with the Houston and other bunches.
You can do the connecting of the dots there. It’s actually taken very seriously in Texas once the subject’s actually broached. Info is inadmissible in court. Fines, Penalties, and even a bit of Jail Time can ensue without the license in place.
Heh…and the laws they’re using are defective on 5th and 14th Amendment grounds (due process- you can’t appeal the decision of the JP on an “abuse” case…).
I can’t say more on that subject (I’ve my own issues and a fight to be mounted…you might hear about it later…)- but I will urge everyone that reads this comment to go digging and learn quite a bit more about the laws they’re misusing, the rights you have, and the Bill of Rights, which DOES impact what they can and can’t do.