Police Seize Chicks Without A Warrant! ****PHOTOS ADDED****

[Camelot Farms]

Quote:
This is actually an ongoing issue and there is much more to this article than just todays incident.

She is not violating good sense at all and is in fact in using very good sense in handling the situation and a competent attorney.

 

[Reinbeau]

This happened in Barre, Vermont? Unbelievable is an understatement.

 

[Guitartists]

Quote:
Really???? SWAT???? Were they guarding their produce with high powered weapons? I mean come'on..... do the powers that be have nothing better to do with their time and resources? This kind of stuff just baffles me how things like this escalate to such an extreme. Seems to be one of those.... "You challenge our laws and authority and we'll make an example out of you!"

Scary the things that are happening out there.

Indeed both stories seem to show some bullying is going on in an attempt to make an example of those who would fight the system. I understand the issues that arise when close neighbors are involved..... but I don't know of anyone who has neighbors that loves and adores every one of them and every hobby, interest and job that those neighbors have. Cats, dogs and other common city pets can be equally disturbing... even people's children! It was a small photo.... but those chickens didn't look much like roos to me. All of that for a couple of chickens..... seems to me that what most likely happened was that they thought they were going to seize a whole lotta roosters and after arriving and finding all of the mature roosters gone, as per the new ordinance, (which besides... what happened to grandfathering? And clearly there is not an issue as to the size of her lot or they would have seized all the chickens) they felt the need to have something to show for the waste of local government funds and time. That's why they targeted those young birds.... they couldn;t have walked out with nothing, or hens.... so they went after the only thing that they could to say..."See. See. We found illegal birds!"

ARGH!

But I agree that one cannot blame Law Enforcement...... they are but doing their job.

As to the rest, I'm no lawyer.... but looking at some of the comments, it seems like there might indeed have been some illegal seizure involved. Guess we'll have to wait and see what happens.

 

[Camelot Farms]

http://www.timesargus.com/article/20090908/NEWS01/909080323/0/NEWS01

A link to an article on this same situation last month. Gives additional background on the whole story.

 

[Camelot Farms]

Quote:
Really???? SWAT???? Were they guarding their produce with high powered weapons? I mean come'on..... do the powers that be have nothing better to do with their time and resources? This kind of stuff just baffles me how things like this escalate to such an extreme. Seems to be one of those.... "You challenge our laws and authority and we'll make an example out of you!"

Scary the things that are happening out there.

I am sitting here thinking of the past years recalls....spinach...peanut products, pet food, beef etc etc. Big brother watches these large retail/wholesalers like a hawk and it still happens and sadly illness and death occur anyways...but yet they have time and resources to conduct a RAID on a family farm...ugh!

Makes me think twice about the cookie boxes I give the neighbors at the holidays...

 

[coloradochick]

You're so right Guitartists, our society is getting to be a very scary place to be indeed

 

[Sonoran Silkies]

Police are enforcers, yes, but for them to be ordered to invade and seize property without a warrantor writ signed by a judge puts them as well as those who ordered the invasion and seizure in a very bad position. Note that town officials, not a judge issued the order. The constitution separates branches of government just so that this kind of abuse of the system cannot, or at least should not occur.

For the police officer, this case is not much different than a soldier who is ordered to fire on civilians by his/her superiors. (yes, the scale of things is different, but the principle is the same). It was NOT a valid, legal order.

As was noted in some of the comments to the article, Due Process should have been followed, and that would include acquiring a warrant or writ signed by a judge. I have somewhat less issue with using a knowledgeable civilian for assistance in identifying roosters versus hens. Of course, from reading the article, the credentials of the particular individual in question may give Ms Rubalcaba's attorney a field day.

 

[Sonoran Silkies]

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Incorrect. Seizure requires a warrant or writ issued by a judge. This is a 4th Amendment Constitutional Right.

 

[Guitartists]

Not on the topic of chickens... but here in MI we have a case where a lady who allows friends kids to come to her house in the morning to get on the bus because their parents leave earlier for work is being threatened with fines and imprisonments for doing it because there is a law that states that you cannot have children other than your own at your residence for more than 20-some days a year without having a daycare license. She didn't even charge people.

Seems the local governments are running out of real bad guys to chase and prosecute and need cases to fill the dockets. Must be some kind of quota out there that these people are looking to fill. I can think of few other reasons why we seem to be hearing about so much of this stuff that is so senseless.

So yeah, I hear ya.... I worry too now all the time about being targeted for something I made and gave away. Funny though that is so very difficult to hold licensed and government approved businesses and individuals liable for blatant disregard of law.

Makes you think.

 

[Sissy]

I hate the word,
but this unknown chicken inspector.
should be sued.sued. sued.
and any one else in voilation of
a the law it applys to both sides.