Quote:
The law is on your side. This goes for any animal! Precedence has been set by a federal judge that animals are personal property and laws of search and seizure as well as due process apply to pets. Also the USDA requirements for rabbits allows them to be in cages, they just must have the proper amount of space as determined by how much they weigh. I can't remember the exact weight/area requirements off the top of my head but you should be able to find them on the USDA site.
No one has a right to be on your property without your permission or a warrant to search the premises. If they break into your barn for any reason without a warrant they can be arrested for trespassing and breaking and entering. If they take your rabbits from your barn it is stealing if they don't have a warrant. Take it a step further, post your property with no trespassing signs. Then if someone even sets foot on your property you have the right to have them arrested, just for being there. Want to protect yourself further, post each of your buildings, right next to or on the door, as well so they can't claim they didn't see the property signs. Have them prosecuted, never give anyone a pass for stomping on your rights!
If your barn is open, your property isn't posted, and they can observe the rabbits from your driveway or logical path to your door and they see probable cause for a cruelty case they still need a warrant or your permission to take the animals. Rabbits being in cages is not cruelty and is not against the law.
Know your rights. Know the laws. If your rabbits are not standing in their waste, there isn't a prevailing stench of ammonia, they have water, and are well fed and clean looking, there is no probable cause for them to obtain a warrant.
Following is information on the federal ruling should you ever need to reference it in court if your animals are illegally seized.
-------------------------------------------------------------------
Federal Judge Charles R. Simpson, III case: Louisville Kennel Club, Inc. v. Louisville/Jefferson County Metro Government
Highlights of the FEDERAL ruling:
* Pets are personal property, under the Constitution. Due process, search and seizure, i.e. all protections provided by Constitution apply to pets. The ruling reaffirms you are the OWNER of your pets, not a "guardian as in the state having the right to take you pet away as can be done with your child!
* Requirements for housing and care cannot be legislatively mandated as different for intact dogs vs. altered dogs.
* Seizure bond is illegal and unconstitutional because it constitutes unlawful taking of personal property. If, after a search warrant is obtained, a person is arrested and their dogs are seized, their dogs must be held AS IS (cannot be sterilized while held, cannot be sold, transferred to anyone or euthanized) unless the owner is found guilty after trial. If they arrest you for commission of a crime involving your automobile, they can impound your car but if you are found innocent, it must be returned to you in the same condition in which it was seized. You are not charged storage fees. The same applies to your dogs. You do NOT pay for their care, until/unless found guilty of the charges.
