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

[beckt]

I'm working on getting her a name to go with that plate. I have quite a few sources. Will send her a pm if I get the info. I feel it is not in the best interest to post it on the net. Hope to have something by Monday.

 

[wombat]

Quote:
It might depend on what powers are granted to the town council in its charter to utilize law enforcement agencies to contend with code violations. I still can't see that permitting property seizure without a court order, but I'm not a lawyer. Alternatively, however, some states grant very broad powers to animal control officers to enter property and seize animals in the performance of their duties. I have no idea what Vermont's laws are, though.

Still, if there was an active court case pending an appeal, the town was way out on a limb acting while the appeal was pending. That is definately subverting due process. The town's up the proverbial creek with this judge on this case from here on out for that stunt.

 

[wombat]

Quote:
To what end?

If the flock owner decides to take legal action against the town, the name and credentials of the chicken expert are subject to discovery. If she does not take legal action, what's she going to do with the name that's not isomething illegal?

 

[Catstar68]

I'm very glad that Kathy got her chickens back...at least there is one person in that town with some common sense!.
My concern would be that her chickens have spent time removed from her bio-secure coops and trucked to God-knows-where in the company of a "chicken expert" who had to be told to bag her shoes when she entered a breeding facility.

Now she will have to quarantine those chickens. If any of her chickens get sick, she should sue the pants off that chicken rustler.

 

[BikerBabeRules]

Hey you guys-
I just wanted to say a great big THANK YOU for caring....I am overwhelmed with a gazillion things that are all priorities and need my attention, thus not being on here in what seems like forever. I'll keep up the cause, I promise. You can keep up with the latest at www.layedinvermont.com as all the news is there! Also, Andy Schneider, the Chicken Whisperer has posted details on his blog....
XOXO, Kathy Rubalcaba
Chicken Farmer (I had to write that so I'd get used to seeing it)

 

[chickenwhisperer123]

Nice to see you posting.

I cant believe what you went through!!!

BTW: Your coop (in the picture) looks great!! And obviously its all taken care of, JUST LOOK AT HOW GREEN THE GRASS IS!!

 

[Sonoran Silkies]

Quote:
To what end?

If the flock owner decides to take legal action against the town, the name and credentials of the chicken expert are subject to discovery. If she does not take legal action, what's she going to do with the name that's not isomething illegal?

Checking out her credentials, perhaps? Learning where her chickens were likely held? Ascertaining the extent of biosecurity risk that they may have encountered? Figuring out the extent of the rustling operation?

I'm going to put into words what I think most folks here are thinking. Someone on the council knew someone who owns a farm and has chickens, perhaps wants more valuable chickens, and thought, "Gee this is perfect--someone who lives way out of town on a large farm and can take these blasted chickens that we are trying to get rid of." The big question in my mind is whether she paid for them. If animal control had taken charge of the birds after the "chicken expert" had determined which one were crowing males, and had caught them, then I would be less concerned about the propriety of the whole matter (not that it doesn't still infringe on 4th amendment rights).

I fully support not putting the license plate number online. In Arizona it is illegal for anyone other than police to have access to the identity of the owner of a license. This directly relates to someone who called Motor Vehicle Division (before release to the public was illegal) to find out who a license plate belonged to. Using that information, he then found her address, went there and proceded to rape and murder her.

However, if release is legal in Ms Rubalcaba's state, then by all means find out who stole her chickens, and provide that information to her.

 

[b.hromada]

Wow! Thats' so hard to take. Whats wrong with that town? And how can they just go on someone's property, and take away their chickens without a warrant?! I sure hope she gets them back. Doesn' the law enforcement have better things to do, than go and confiscate someone's chickens?? Really, now.....................

 

[Sonoran Silkies]

The judge ordered them returned, and they were. He appeared to be NOT pleased with the attempted end run around by town officials.

 

[wombat]

Quote:
To what end?

If the flock owner decides to take legal action against the town, the name and credentials of the chicken expert are subject to discovery. If she does not take legal action, what's she going to do with the name that's not isomething illegal?

Checking out her credentials, perhaps? Learning where her chickens were likely held? Ascertaining the extent of biosecurity risk that they may have encountered? Figuring out the extent of the rustling operation?

I'm going to put into words what I think most folks here are thinking. Someone on the council knew someone who owns a farm and has chickens, perhaps wants more valuable chickens, and thought, "Gee this is perfect--someone who lives way out of town on a large farm and can take these blasted chickens that we are trying to get rid of." The big question in my mind is whether she paid for them. If animal control had taken charge of the birds after the "chicken expert" had determined which one were crowing males, and had caught them, then I would be less concerned about the propriety of the whole matter (not that it doesn't still infringe on 4th amendment rights).

I fully support not putting the license plate number online. In Arizona it is illegal for anyone other than police to have access to the identity of the owner of a license. This directly relates to someone who called Motor Vehicle Division (before release to the public was illegal) to find out who a license plate belonged to. Using that information, he then found her address, went there and proceded to rape and murder her.

However, if release is legal in Ms Rubalcaba's state, then by all means find out who stole her chickens, and provide that information to her.

I think that there are better ways to obtain that information than illicitly tracking down the person hired by the town. I'd simply have the attorney write a letter to the town and copy the judge explaining the biosecurity concerns and asking for information about how the birds were handled, where they were held, and whether there were other fowl in the area they were held in.

As for the credentials, that's kind of a moot point. The biosecurity concern is not.