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

[EweSheep]

She would have to quarantine the birds and she should file for charges for that!

 

[Equus5O]

Quote:
And those of that can do that should do what with the information ... post it here?

Sure ...

 

[LovinMyPeeps]

I must admit it's a little suprising for VT having lived there for a while. It seems like the case is pretty complex, however I agree, you know there are much larger fish to fry. If the site is clean and well run... well... where is the problem? It's so NICE of the authorities to want to save us from ourselves (insert sarcastic tone here). Society is getting so complex and rediculous I wish I could just go live in the woods somewhere like a hermit...

 

[Guitartists]

I'm glad that the judge upheld the law... though it sounds like there wasn't even a slap on the wrist for those involved

All of this drama and heartache over some crowing roosters. Insanity!

Did anyone read the comments? Seriously..... her neighbors are now accusing her of having planned the whole thing so that she could call off the rooster roast.... my god.... what is wrong with people?!

That was of course a rhetorical question. I feel for her for sure and I hope she at least gets to keep 1 roo per breed. That seem perfectly reasonable. And I think if one is in the business of breeding birds, they should be allowed to keep the cockerels for a certain length of time until they can be assessed and the extras large enough to ship off to freezer camp.

 

[SeramaLife]

 

[DarkUnicorn]

Quote:
And those of that can do that should do what with the information ... post it here?

Sure ...

No............. If I still had my connections in the PD......

Info wouldn't go up on the web. I would give it to Kathy though....

She could use that info as she chose. Athough I believe that "expert" should be named in part of a lawsuit as she is NO expert....

There are searches available... $29 or so.... I already looked

 

[cassie]

Whether this woman had the chickens legally or not, I'll bet she has grounds for legal action. Police cannot enter your property to confiscate illegal drugs, or collect of evidence of a crime, or look for human remains without a warrant, so how can they legally confiscate chickens without one?

 

[WalkingWolf]

Quote:
Actually they can, if the police see evidence of a crime on private property they need no warrant. If you grow pot in the open no warrant is needed to collect that evidence. But the chickens were not evidence of a crime and the police were aware of a court hearing that they thought they may lose. So they did a preemptive strike, really really stupid when you think about it. Did they think she was not going to tell the judge. The Judge handled it well but he could have easily placed them in jail. They broke the law, there should be at least fines.

 

[M To The Maxx]

She should sue the police department for coming on her property without a permit.

 

[Sonoran Silkies]

The chickens are legal. The town selectmen (same as a city council) is trying to take them away, and had issued an order that all but one rooster be removed. That ruling was being appealed to an actual judge. As was stated, the town pretty much guessed that they would lose their case and made a pre-emptive strike.

They claimed to the judge thtat they did not need a warrant because it was a civil violation, not criminal. Last time I read my constitution (yesterday I re-read the 4th amendment), it did not distinguish between civil and criminal. It says that property cannot be seized without due process. There is a long history of case law, if nothing else, eminent domain that are pretty directly related.

Yes, there are a couple of cases when a warrant is not needed. However, since they had to go inside her coops to sort through the birds looking for roosters (and took three pullets!), that doesn't sound to me like the birds (evidence of a crime) were in plain sight. Also, that ruling relates to criminal activity, and this is a civil issue. Thus, I am not sure that allowance applies.