Rescue Raids: Confiscation Racket
Humane groups team with animal control to seize and sell valuable dogs, cats, birds, horses, etc. Legal advice and resources to prevent or deal with illegal animal seizure.
October 2014 Update | TheDogPress.com
Barbara J. Andrews, Editor-In-Chief
Note: The ASPCA (American Society for
the Prevention of Cruelty to Animals), founded in 1866, has no affiliation with
local groups. Any rescue, humane society, or individual
may become a non-profit "SPCA" which, as you are about to learn, can be extremely profitable.
ABC News 20/20 spent a year
investigating SPCA groups based on animal owners’ claims that SPCA
falsely accused them of neglect, then confiscated their animals and sold
them.
In SPCA Steals Animals
John Stossell says “"I thought they were heroic animal rescuers, but
some animal owners say they act like petty tyrants, confiscating animals
that aren't in trouble. The SPCAs are not police agencies, but they are
given the authority to act like it. Animal owners tell us SPCAs abuse
their power to steal people's animals.”
Rescue raids frequently involve
horses or other livestock which sell for $thousands, thus impoundment is
a lucrative business. Veterinary care is billed to the owner even if
the animals are ultimately adopted or destroyed. It is difficult for
animal owners to
get good legal advice because local judges usually side with Animal
Control. Most magistrates consider rescue groups as the experts who
save abused animals, and through preconceived vision distorted by HSUS
or Animal Control,
court judges view plaintiffs as “hoarders” or “bad breeders.”
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Many who have had animals confiscated report that SPCA, HSUS,
or local humane societies teamed up with Animal Control, which has
police authority. What follows are case files and examples of unjust
seizures by those who misuse police powers to seize healthy, happy animals. Defined as Animal Enterprise Terrorism
by the FBI, animal seizures can be highly profitable.
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Whether any judges receive
compensation for issuing warrants and handing out convictions for animal
abuse is unknown. According to the 20/20
broadcast, many victims had their lives destroyed by thugs who care more
about fines and impoundment fees than about animals. Right or wrong,
there may be no recourse because ABC News reports that many states have
passed laws wherein “once a Justice of the Peace approves one of the
SPCA's confiscations, an owner can't do anything about it.”
“Should we put Animal Rights above Human Rights?”
Many great minds debate that question
and we must remember that PETA insist that a rat’s life has the same
value as a child’s. There is no debate however, on whether many rescue
groups profit handsomely from selling the animals they confiscate,
aided by "humane interest" TV coverage which generates donations based
on
dramatized plight of the rescued animals.
This attorney does not give free legal
advice but as examples, he presents three
cases of
out-of-control Animal Control.
In the first, an entire pack of valuable hunting hounds was seized, in
the second, priceless pedigreed dogs were taken while the owner was at
dog shows, and
the third describes destruction of an internationally-known AKC judge’s
career and reputation.
In one televised example, Animal
Control raided a show breeder’s kennel. Reporters intoned “120 dogs
lived in deplorable conditions.” The owner said some of them were thin
because they were nursing large litters of puppies. Any dog breeder
knows that to be true but the SPCA took custody of all the dogs
“including award-winners worth up to $6000 each.” The veterinarian
stated that the owner “does care about and care for her animals, no
starvation was evident” but
even so, a local judge upheld the confiscation. The dogs were sold even
though the owner mortgaged her home
to pay attorneys and legal bills and consequently, she lost everything.
Under current Federal Law, Title 9, Animal Law, sec 2.129, Confiscation and destruction of animals,
an APHIS officer is empowered to:
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Confiscate animals which may then be "(1) Placed, by sale or donation, with (other) (2) persons or facilities … as determined by APHIS, even if (they) are not (APHIS) licensed or registered. Or the animals can be (3) Euthanized."
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The APHIS official (often associated with the HSUS or a self-declared local SPCA) can have: "local police or other law officer to accompany him to the premises."
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The really sweet deal is that the person, from whom the animals were confiscated, often without warrant, or proof of Just Cause, must: "bear all costs incurred in performing the placement or euthanasia activities authorized by this section."
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Working the system from every angle, animal rescuers typically invite
television crews along on raids. Such broadcasts spur the public to
adopt the animals (for a fee) or make
generous donations. More than $6 million p/year to the Dallas
SPCA-which, as revealed by ABC News, helped pay Garcia's $80,000 annual
salary.
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Animal Control/SPCA
Confiscates 101 valuable birds in a particularly noxious raid.
The owner, a licensed Florida Fish and Wildlife Conservation
rehabilitator, was at a Bird Fair when her friend arrived to care for
the birds
whereupon Animal Control promptly handcuffed and arrested her for animal cruelty!
The cruelty was that during the
SPCA raid, baby birds suffocated in
overturned nest boxes, and the seized birds were made sick from
unsuitable
food fed by their "rescuers" and their respiratory systems were damaged
by bleach spray
- ignorant atrocities committed by over-zealous, ignorant authorities.
Upon testimony by a Board Certified Avian veterinarian and other expert
witnesses, Pinellas County Judge Dorothy Vaccaro dismissed the case but
nothing could undo the damage done to the birds and their criminally
abused caretaker.
Bob Attelson, All Setters
Rescue, was at a dog show when Little-Minded Littleton, CO executed the
carefully planned rescue raid. They sealed off Attelson’s street with
four police cars, two animal control trucks, six uniformed police
officers and two animal control officers. Neighbors said it was like a
terrorist attack. Actually, it was.
Littleton SPCA and law enforcement battered down his door, terrorizing a mother dog, confiscating her nursing litter and
three rescued dogs for which he was seeking homes.
In addition to animal seizure
and resale, plus
court-decreed fines, fees, and impoundment costs, there’s another way to
make money in animal rescue. Transporting adoptable dogs from shelter
to shelter spawned a new industry
under the acronym CUR, i.e. Canine Underground Railroad. Nel Liquorman,
investigating for this publication, reported CUR’s unsavory connection
with ALF (Animal Liberation Front). Following a lead on “250,000 rescue
groups” Liquorman discovered an average of
520 rescue groups for each state
- 4 times the average number of counties per state! A startling statement on the profitability of rescue.
Small, cute, young dogs are highly
adoptable and are often transported to shelters with low inventory. According to Best
Friends, some shelters publish a list of “to be destroyed animals” because
rescuers are charged a “pull fee” which is additional income for the
animal shelter.
If this seems like an Animal Control Nightmare, it is.
Read what this woman went through when they knocked on her door and
what her final decision was...
Many breeders face police, SPCA, HSUS, rescue or local humane groups in defense of their house pets or livestock.
In 2005 when the "pit bull ban" took effect in Denver, thousands of pit bull look-alikes were confiscated, dragged from the
homes of hysterical dog owners and destroyed . In Quartz Hill, CA a woman who depends on her trained service dogs
fought LA's “no exemption” policy when against federal law,
Animal Control
tries to confiscate seizure alert dogs!
This extremely well referenced and documented Illegal Animal Seizure
Report reveals a nationwide increase in warrantless, illegal raids and
offers sound advice on
how to deal with profit motivated animal control. No one expects it will
happen to them but it does, every day, even in small towns. If they
confiscate your animal(s), even a rabbit, you face
long-term boarding (impoundment) and veterinary fees which bankrupts many owners. If your animals are
taken, your first call should to be to an attorney whom you have preselected.
Spurious dog bite
statistics can incite a rash of raids against target breeds. When animal control
stages a televised rescue, your face and your “helpless dogs” are flashed throughout the day, promoting the 6 P.M news of the
confiscation that “saved a dozen animals” from animal cruelty and abuse.
The following legal advice is from George J. Eigenhauser Jr.,
a California attorney licensed since 1979,
he practices in the areas of civil litigation.
It is the best course of action to prevent arrest or compile evidentiary
challenge if you are arrested. The first defense is to know and assert
your rights, one of which is to
forbid
warrantless intrusion by not giving animal control, SPCA, HSUS or any
“rescue” group a foot in the door, even if accompanied by a sheriff’s deputy or
police officer! This document is your best protection When Animal Control Comes Knocking at your door.
If you can't stop Animal Control from seizing
your animals, you may have a winnable cause for action if you have good legal
representation and
a record of court rulings. This Animal Impoundment Legal Defense
offers a CD or USB drive packed with information to protect your
rights if police authority runs rampant. You will be
under emotional stress when challenging an attempt to remove your
animals but be
prepared and be careful because you could be arrested, ironically, for
“obstruction of justice” or interfering with a law officer.
OK, you've read it but don't
leave
without clicking the above links. It can happen to anyone. Arm
yourself with knowledge and legal advice that can protect you and your
dogs from the purported
"rescue" raids that have escalated this year. News
broadcasts make us worry about Ebola virus and ISIS terrorists but those
are remote threats compared to being raided by "rescue" and/or HSUS.
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