AWAKE: Animal Welfare Awareness through Knowledge & Empowerment
Showing posts with label The "Anonymous" Call. Show all posts
Showing posts with label The "Anonymous" Call. Show all posts
THE STORY OF THE "OUR ANIMAL HAUS" ILLEGAL RAID AND SEIZURE
This is the compelling story of the illegal raid and seizure of Our Animal Haus animal sanctuary that happened in October of 2009. This story is complete with photos and links to official documents.
Read on....
Anonymous Call to New Animal Abuse Hotline Leads to Raid on Colorado Woman’s Rabbit Farm
Anonymous Call to New Animal Abuse Hotline Leads to Raid on Colorado Woman’s Rabbit Farm
August 10th, 2011
Debe Bell will probably never forget Thursday, July 21. It was the day she found herself surrounded by people from her local law enforcement agency, and they weren’t there to help.
Unlike John Dollarhite of Nixa, Mo., and several magicians across the country who’ve been hounded and threatened with massive fines by agents from the USDA’s Animal and Plant Health Inspection Service, Bell had to go face to face with her hare-brained local sheriff.
An anonymous Crime Stoppers hotline tip led animal control officers from the Jefferson County (Colo.) Sheriff’s Office to descend upon Bell’s one-acre farm at about 10:30 that morning and, before the day was over, remove nearly 200 rabbits from the property. The 59 year old was being accused of 24 misdemeanor charges of cruelty to animals, including charges that she somehow mistreated two meat rabbits already inside her freezer. More on the hotline later.
Bell had purchased the 1.01-acre property 12 miles north of Denver nearly 40 years earlier with plans to raise as much livestock as she wanted. After all, it was zoned for agricultural purposes (“A-2”) and had everything she needed, including a four-bedroom, tri-level home and a 600-square-foot barn. It looked like a great place to raise a family.
About 15 years later, Bell formed Six Bells Farm Candle Company and Rabbitry as a licensed farm business. Launched as an offshoot of a 4-H project via which she taught her four children how to take care of something other than themselves, it grew into an operation that involved raising more than a dozen varieties of rabbits, primarily for personal meat consumption but also for use in educating children — including kids involved in 4-H — and members of the general public nationwide.
As the years passed, Bell’s expertise and reputation grew alongside her rabbit farm. Not only did she become president of the local Long’s Peak Rabbit Club, but she became known as the go-to “resource person” for 4-H kids in Colorado who were interested in rabbits. Her reputation as a top expert when it comes to understanding and caring for rabbits spread throughout Colorado and across the United States. But that was before the raid.
The Day of the Raid
When Bell, 59, woke to begin that day almost three weeks ago, she had no idea government agents would soon swoop down on her tiny farm and effectively put an end to the pursuit of happiness in which she had been engaged for more than 25 years.An instructor and lab coordinator at Metropolitan State College in Denver, Bell was in Boulder doing research when she was interrupted around 1 p.m.
“My neighbor called and said, ‘They’re seizing your animals! You need to get home!’” Bell recalled.
When Bell asked for more details, the neighbor explained that animal control officers and deputies from the sheriff’s office had arrived around 10:30 a.m. and were preparing to seize her rabbits.
About 45 minutes from home, Bell wrapped up her research as quickly as she could and drove home to find out more about who was taking her rabbits and why. She wanted to save the rabbits, each of which she knew by name, breed, tattoo and sex.
Upon arriving home at about 1:40 p.m., she found the animal control officers being unreasonable and milling about on her property — without a search warrant. The “salt in the wound” that the situation had become was the fact that the sheriff’s office officials were accompanied by volunteers from the local branch of the House Rabbit Society — a nationwide group comprised of people who, according to Bell, think rabbits need to be raised like small children.
Much “discussion” took place during the day and, when the animal control officers told Bell she had “too many animals for your zoning,” she begged to differ.
“No, you need to check your zoning regulations,” she told them. “I moved in before you changed the zoning. I can have as many animals as I want. I have more than an acre. I’m zoned A-2.”
Apparently stumped by her knowledge of the local zoning, she said they told her they would set the zoning issue aside.
When she told them her business was a livestock operation, they told her they disagreed and began to push the proverbial envelope.
Bell said one officer told her, “We found a dead rabbit,” and acted as if that was the “nail in the coffin” for his case. She responded bluntly, saying, “Rabbits die” — a fact she learned while growing up in Central Texas, where everybody is aware of that fact.
“What for?” Bell asked.
Instead of answering her directly, the officer responded to her question with one of his own.
“When was the last time you were in the barn?”
“This morning at 5 o’clock when I watered them,” Bell answered.
“Well, they have no water,” the officer countered.
“They’re fine,” Bell replied. “They have a swamp cooler and three fans.”
What’s a swamp cooler? According to Bell, it’s an air conditioning device that blows air over moist pads to lower temperatures in environments such as barns. More on this later, too.
At that point, Bell said, the officers had been in her barn for more than three hours, had opened up the doors, messed with the barn’s water system and had, effectively, turned off the water to the swamp cooler.
When their often-heated conversation turned to the temperature inside the barn, Bell said she told the officer that her barn’s cooling system could not keep up if it had to air condition the back yard where the outdoor temperature was 94 degrees. That prompted more than one officer to literally scream at her, saying, “It’s 84 degrees in there!”
“Yeah,” Bell replied, stunned that the officers were apparently concerned about rabbits suffering in 84-degree heat.
When the officer asked if she had any idea how many animals she had, she answered, “One-hundred sixty-three and probably 19 or 20 babies.”
Bell said she went a step further by telling the officer she could tell him the location of every animal in that barn. In addition, she told him the cages were tagged, numbered and sexed — with either pink tape or blue tape on them — and that she knew each rabbit in that barn by name.
Though officers couldn’t have overlooked the fact that the rabbit enclosures were clean and the barn was equipped with cooling, fly-control and watering systems, Bell said they seemed intent on making sure she didn’t do anything crazy to get in their way.
Bell said she wasn’t allowed to move, was threatened with being arrested at least four times, could not go inside her barn and, if she wanted to go anywhere else, had to ask officers for permission.
When Bell told one of the four sheriff’s deputies on scene that she wasn’t comfortable with House Rabbit Society members being on her property, she said the deputy looked her in the eye and said, “It is what it is.”
Hoping to document her experience, Bell said she took three photos — two of which appear above — of the area around her barn. Soon after, she was told by a sheriff’s deputy, under threat of arrest, that she had better stop.
“They told me four, five or six times (that) they were taking the animals no matter what,” Bell said, noting that she pointed out to them several times that there was nothing wrong with the animals or the conditions in which they were living.
When an officer told Bell the rabbits were living in “deplorable conditions,” she told him he was wrong.
“They are not living in deplorable conditions,” she said. “Their cages are clean. The trays are underneath them. We’re cleaning this weekend.”
Bell went on to explain to the officer that kids from the local 4-H organization who are involved in raising rabbits come out every weekend to help clean cages and do other things related to the care of the rabbits.
$24,000 Per Month*
Several times during the day, animal control officers approached Bell and asked her to sign the rabbits over to them. When she asked what it was going to cost her if she didn’t, their reply stunned her.“They said, ‘Five dollars a day per rabbit,’” Bell recalled, “and I said, ‘That’s $815 per day. Take ‘em! I can’t afford that.”
As a result of recently putting two boys through Colorado State University, Bell said, she told the officers she has a “mountain of debt” already and could not afford more than $24,000 per month — for a minimum of one month. The entire herd of rabbits was worth only $17,000.
At approximately 4:30 p.m., Bell said, a sheriff’s deputy arrived with the long-awaited search warrant and, within a half hour, the assembled animal control officers and volunteers began hauling out the rabbits in an effort that lasted about four hours.
The ‘Official’ Story
When I contacted sheriff’s office spokesperson Mark Techmeyer by phone early Tuesday afternoon, he explained how an anonymous tip led to his agency obtaining a search warrant.“They reacted on a Crime Stoppers tip and went out there, and they saw what they believed to be some issues,” Techmeyer said. “Then they were able to take that information back to the judge and get a warrant issued.”
Thanks to a new Crime Stoppers program launched in June 2011, he said, individuals can call a statewide animal abuse hotline and, while remaining anonymous, can report cases of suspected animal abuse.
Rabbit Experts?
While I had him on the phone, I asked Techmeyer if any of the employees at the sheriff’s animal control division were rabbit experts, Techmeyer never answered the question. Instead, he quibbled, saying, “That depends upon how you define ‘experts,’” and then changed the subject.None of the animal control employees — or the volunteers accompanying them — knew much about rabbits, according to Bell. In fact, she said the rabbits were severely mishandled during their removal.
For instance, 10-day-old babies “still in a nest box with their mommy” were wrapped in a towel and placed inside a cat crate and stood their mother on top of them.
“I looked at ‘em and I said, ‘You just issued a death sentence for those babies,’” Bell said, explaining that the mother would stomp the babies.
In response, the sheriff’s office employee said, “That’s their mom. Why would she do that?”
“Because they’re rabbits,” Bell replied.
“They loaded them in cardboard boxes, put them in a horse trailer and hauled them off to the fairgrounds,” Bell said, “where they housed them in a concrete, non-air conditioned horse stall barn.”
In addition to being placed in a hot environment, Bell said, her rabbits were placed in dog and cat crates with solid-bottom floors, meaning, “The minute they urinate, they’re standing in their own urine.”
The Next Step
Asked what her next step might be, Bell said her attorney, Elizabeth Kearney of Burthoud, Colo., has written several letters on her behalf, trying to get a meeting with Scott Storey, the district attorney for Jefferson and Gilpin Counties, but “keeps hitting brick walls.”“They don’t want to return her calls,” she said. “They don’t want to talk to her.”
In addition, Bell said, sheriff’s office officials will not provide any information to Bell about the condition of her rabbits and will not allow her veterinarian of nearly 25 years to examine them.
Why might that be? Bell thinks she knows the answer.
“I think, honestly, they dug themselves a deep hole,” she said, “and they don’t quite know how to crawl out of it.”
“They’ve destroyed me emotionally, socially and professionally,” Bell said, listing numerous ways in which local animal rights activists have publicized information about the case in an effort to make her and her four children — all adults who haven’t lived under her roof for several years — look bad. But that’s not all.
“They’ve made 4-H kids all across Colorado just sob,” she said, “because I am their 4-H connection.”
Bell noted that 12 of the seized rabbits belong to 4-H kids who were planning to show them at upcoming fairs — two at the Jefferson County Fair that begins Thursday and the remaining 10 at the Colorado State Fair which runs from Aug. 26 to Sept. 5 in Pueblo.
Rabbit raisers in Colorado are so scared they might suffer the same fate as Six Bells Farm, Bell said, that many are not going to show their animals at the Colorado State Fair. The shortage of participants at this year’s Small Animals Show is so severe that officials extended the deadline for entry and, in order to prevent animal rights activists from collecting the names of rabbit owners, officials are planning to not display the names of rabbit owners alongside their rabbits.
“I would hope the entire United States would get involved in this,” Bell said, “because this is a group of people that have gotten away with this crap once or twice and they’re just continuing.
“Because they’ve been given the power erroneously once, they’re taking it more and more,” she continued, “and they’re gonna chase farmers out.”
Closing thought for the day:
Bell said she learned through a third party familiar with her case that
the people caring for the displaced rabbits at the fairgrounds
eventually bought a cooling device to improve the rabbits’ living
conditions at the fairgrounds. What did they buy? You guessed it! A
swamp cooler.More to come.
UPDATE 8/10/11 at 10:17 p.m. Central: An animal rights troll who is no longer allowed to post comments on this site claims that a CBS Denver news report shows animals with matted fur, etc. Of course, she’s wrong. The report does not show any animals in poor condition. Instead, it only shows spokesman Techmeyer using words to paint a picture of abuse. Watch it here if you must.
UPDATE 8/11/11 at 8:25 a.m. Central: Cross-posted at Andrew Breitbart’s BigGovernment.com.
UPDATE 8/12/11 at 9:07 a.m. Central: I’ve been advised that a legal defense fund has been established to help Debe Bell. You can make a donation on PayPal (Rabbitdefense@gmail.com) or you can send a check to the address below:
Responsible Animal Owners Defense Trust
c/o Joyce Holliday
PO Box 1287
Berthoud, CO 80513
UPDATE 8/13/11 at 7:57 a.m. Central: Denver Media Outlets Fail to Cover Multitude of Juicy Stories Behind Recent Rabbit Farm Raid*UPDATE 8/13/11 at 5:51 p.m. Central: In speaking with Debe Bell last night, I learned that the Sheriff has already begun giving away the rabbits. Why? Because she signed away her rights to them in order to avoid paying $24,000 per month (one-month minimum) — as mentioned in the story above — for their care and feeding while the matter was adjudicated.
UPDATE 8/13/11 at 7:02 p.m. Central: Denver Post Coverage of Rabbit Raiser Takes 180.
UPDATE 8/14 11 at 8:30 a.m. Central: Foothills Animal Shelter will soon start adopting out Debe Bell’s rabbits, according to this announcement.
UPDATE 8/18/11 at 8 p.m. Central: The Denver Post reported this afternoon that the Foothills Animal Shelter has halted adoptions of nearly 200 rabbits seized from an Arvada home last month after the rabbits’ owner filed an emergency motion in court.
UPDATE 2/1/12 at 3:05 p.m. Central: Deb Bell found guilty on 35 counts of animal abuse targeting rabbits.
DANGERS OF "ANIMAL CSI"/HSUS RAIDS--READ THIS!
Okay, we've all had a laugh over ASPCA's new "Animal CSI" van that they send out with their forensic vet into the field to gather and process evidence of animal abuse, but we'd better wipe the smiles off our faces.
Last night, I had a rather lengthy and chilling discussion with a person who was the victim of a joint Local Shelter/HSUS/ASPCA raid on his property. They told me that the 'raiders' had deliberately waited until nobody was home before they 'swooped in' along with local cops to execute their warrant. The dog owners came home near the end of the raid, and were prevented by police from going near their own property until all the dogs had been removed.
So, that's problem No. 1: if nobody is home, unless the animals are in imminent danger of death or injury, no warrant should ever be executed. Also, if you're not there, you can't verify that they properly executed their warrant in terms of where they looked, what was searched and what was actually taken.
But it gets worse! I was told that these people recently had a couple of litters on the ground and team found a dead puppy during their search which they immediately bagged and waved around, making certain it was well-photographed and filmed as "proof" of the "inhumane and filthy" conditions on this property.
Only one problem: the dead puppy was a different breed than any of those on the property.
That's right, folks, the dead puppy was planted during the raid!
I was told that based on what happened in this situation, several people who had been big HSUS supporters had finally seen with their own eyes the completely illegal and unethical tactics used against this person, and quit over the incident.
Someone came forward to say that HSUS and other agencies which participate in these raids come "armed" with dead animals, parts of dead animals or the bones of dead animals which they plant and then pretend to find during their raid
This also points to an extreme amount of collusion between the local shelter and HSUS/other extremist agencies coordinating raids ahead of time, because SOMEBODY had to have known about the recent litters so the dead puppy ploy could be used.
If ASPCA is on site with their clever little van, then they and NOT law enforcement have control of the evidence--real or otherwise--and you may have no way to protect yourself from being framed.
So, while we may groan over AKC's requirement to have our breeding adults DNA typed, doing so might literally save your rear end in court!
Once your dogs are seized, you'll never see them again and AKC's DNA typing might be the cheapest insurance policy you could ever have to prove that dead puppy didn't come from your kennel.
(As always, permission to cross post granted)
Last night, I had a rather lengthy and chilling discussion with a person who was the victim of a joint Local Shelter/HSUS/ASPCA raid on his property. They told me that the 'raiders' had deliberately waited until nobody was home before they 'swooped in' along with local cops to execute their warrant. The dog owners came home near the end of the raid, and were prevented by police from going near their own property until all the dogs had been removed.
So, that's problem No. 1: if nobody is home, unless the animals are in imminent danger of death or injury, no warrant should ever be executed. Also, if you're not there, you can't verify that they properly executed their warrant in terms of where they looked, what was searched and what was actually taken.
But it gets worse! I was told that these people recently had a couple of litters on the ground and team found a dead puppy during their search which they immediately bagged and waved around, making certain it was well-photographed and filmed as "proof" of the "inhumane and filthy" conditions on this property.
Only one problem: the dead puppy was a different breed than any of those on the property.
That's right, folks, the dead puppy was planted during the raid!
I was told that based on what happened in this situation, several people who had been big HSUS supporters had finally seen with their own eyes the completely illegal and unethical tactics used against this person, and quit over the incident.
Someone came forward to say that HSUS and other agencies which participate in these raids come "armed" with dead animals, parts of dead animals or the bones of dead animals which they plant and then pretend to find during their raid
This also points to an extreme amount of collusion between the local shelter and HSUS/other extremist agencies coordinating raids ahead of time, because SOMEBODY had to have known about the recent litters so the dead puppy ploy could be used.
If ASPCA is on site with their clever little van, then they and NOT law enforcement have control of the evidence--real or otherwise--and you may have no way to protect yourself from being framed.
So, while we may groan over AKC's requirement to have our breeding adults DNA typed, doing so might literally save your rear end in court!
Once your dogs are seized, you'll never see them again and AKC's DNA typing might be the cheapest insurance policy you could ever have to prove that dead puppy didn't come from your kennel.
(As always, permission to cross post granted)
CONFISCATION OF DOGS RETURNS TO BITE COUNTY
By Shar Porier/wick communications
Published: Wednesday, January 20, 2010 10:36 AM CST
BISBEE - The seizure of a number of dogs from an Elfrida breeder in April 2008 by a county animal control officer has led to a tort complaint being filed against the county, the sheriff's office and members of an anti-puppy mill/animal rescue group.
Barbara and Bob Ratliff are suing the county, People Assisting Kindred Spirits (PAKS), Pencin Veterinary Clinic, Pantano Veterinary Clinic and various people accused of taking 29 dogs from their property based on a complaint of neglect that was several months old.
When the matter came before Judge David Morales on June 13, 2008, he tossed the warrant on the grounds of "staleness" and then stated that the dogs were to be returned to the owners.
The county appealed the decision by Morales, but Superior Court Judge Wallace Hoggatt upheld the decision Dec. 16, 2008.
On Feb. 9, 2009, Morales mandated the dogs be returned. The county failed to comply.
The Ratliffs' attorney Perry Hicks states in the tort claim, "It is obvious from the records attached to this claim there was never any intent to return the dogs to the Ratliffs, despite valid, lawful court orders. ... The dogs were farmed out and adopted off with the full knowledge and consent of (county animal control officer Crystal) Callahan, despite the dogs were in the custody and care of the Cochise County Sheriff's Office, were evidence in a criminal case and were subject to being returned to the Ratliffs if they prevailed. ... The loss of Barbara Ratliff's dogs is the direct result of the illegal search and seizure of the dogs and negligent acts of Cochise County, Officer Callahan, the sheriff's office and animal control, as well as the intentional acts of PAKS and members of PAKS."
The Ratliffs are now seeking damages from the county, the sheriff's department, the animal control division and Callahan. The Ratliffs allege unlawful search and seizure, wrongful taking of property, violation of the right to privacy, negligent entrustment and negligence as stated in the complaint filed Dec. 31 in Superior Court.
Also named in the suit are PAKS, Pencin Veterinary Clinic, Pantano Animal Clinic, Mary Pencin, Tipling, Donna Dunham, Karen Radcliff, Darlene Burnett, Mary Hinton, Sherry Hoard, Jenelle Rodenberg and associated people involved in allegations of civil conspiracy, malicious prosecution, and aiding and abetting tortious conduct.
Problems for the Ratliffs began in April 2008 with a search warrant. According to documents provided by Hicks, the warrant was based on a 4-month-old complaint made by Marjorie "Heidi" Tipling, a technician at the Pencin Veterinary Clinic in Willcox and a member of PAKS. Tipling stated in her complaint on March 31, 2008, to Callahan that the dogs were not being cared for, had no clean water, were infested with ticks, had eye and limb injuries, and had no food available to eat at the time of her "surprise shopper" visit in December 2007.
With the warrant in hand, Callahan took possession of four adult dogs and eight puppies on April 16, 2008, and transported the dogs to Pencin Veterinary Clinic in Willcox for evaluations. Callahan stated the dogs were suffering from "gum disease, eye problems, tick scabs, hernias and pale mucous membranes."
Callahan later returned and collected 17 more dogs from the Ratliffs on the grounds their medical health could not be determined without a "complete medical examination," documents show.
The Ratliffs requested the dogs be taken to their veterinarian in Bisbee, Dr. Charles Behney, until the matter could be resolved. Deputies told them the dogs would go to Pencin and transportation to Behney's could be arranged. But that didn't happen. Instead, six dogs were transported to Pantano veterinary clinic in Tucson and several were adopted out to other people involved with PAKS.
In an April 16, 2008, letter to the county, veterinarian Mary Pencin stated, "Today the Cochise County Animal Officer from Sierra Vista, Laurie, (no last name given), brought to the clinic and turned over to PAKS for treatment and adoption twelve dogs."
According to PAKS adoption agreements, adopters agree to "provide a foster animal with proper and routine veterinary care, including wellness exams, current required and recommended vaccinations and urgent emergency care as needed." The agreement also acknowledges that the owner of the animal has the "right to access the animal."
Copies of 10 foster care agreements from PAKS were provided to Hicks, but no other information was given about the whereabouts of the remaining 19 dogs.
In May 2008, the county filed a motion in Justice Court to have the Ratliffs forfeit the dogs.
But in June, Hicks filed a motion for dismissal of charges due to a "stale" search warrant. Tipling allegedly shopped Ratliff on December 20, 2007, yet waited until March 2008 to make a formal complaint. Then it took three more weeks for the animal control officer to act on the complaint.
Justice David Morales tossed the evidence found under the "stale" search warrant. He then dismissed the charges. He also ordered the county to transport the dogs to Behney's office at Ratliff's expense for examination and care.
The date of the transport of the dogs was set for June 27. However, Callahan stated in an affidavit that the dogs couldn't be transported because she didn't know where the dogs were.
The county appealed the decision by Morales and refused to return the dogs until the appeal had been heard. Superior Court Judge Wallace Hoggatt upheld the ruling by Morales in favor of the Ratliffs on Dec. 22, 2008.
Charges were dismissed with prejudice by the county attorney's office on Jan. 22, 2009.
The same day, Donna Dunham with PAKS wrote to Callahan stating, "All the dogs have expired." She stated that instructions were given not to provide "extraordinary care."
Copyright © 2010 - Arizona Range News
Published: Wednesday, January 20, 2010 10:36 AM CST
BISBEE - The seizure of a number of dogs from an Elfrida breeder in April 2008 by a county animal control officer has led to a tort complaint being filed against the county, the sheriff's office and members of an anti-puppy mill/animal rescue group.
Barbara and Bob Ratliff are suing the county, People Assisting Kindred Spirits (PAKS), Pencin Veterinary Clinic, Pantano Veterinary Clinic and various people accused of taking 29 dogs from their property based on a complaint of neglect that was several months old.
When the matter came before Judge David Morales on June 13, 2008, he tossed the warrant on the grounds of "staleness" and then stated that the dogs were to be returned to the owners.
The county appealed the decision by Morales, but Superior Court Judge Wallace Hoggatt upheld the decision Dec. 16, 2008.
On Feb. 9, 2009, Morales mandated the dogs be returned. The county failed to comply.
The Ratliffs' attorney Perry Hicks states in the tort claim, "It is obvious from the records attached to this claim there was never any intent to return the dogs to the Ratliffs, despite valid, lawful court orders. ... The dogs were farmed out and adopted off with the full knowledge and consent of (county animal control officer Crystal) Callahan, despite the dogs were in the custody and care of the Cochise County Sheriff's Office, were evidence in a criminal case and were subject to being returned to the Ratliffs if they prevailed. ... The loss of Barbara Ratliff's dogs is the direct result of the illegal search and seizure of the dogs and negligent acts of Cochise County, Officer Callahan, the sheriff's office and animal control, as well as the intentional acts of PAKS and members of PAKS."
The Ratliffs are now seeking damages from the county, the sheriff's department, the animal control division and Callahan. The Ratliffs allege unlawful search and seizure, wrongful taking of property, violation of the right to privacy, negligent entrustment and negligence as stated in the complaint filed Dec. 31 in Superior Court.
Also named in the suit are PAKS, Pencin Veterinary Clinic, Pantano Animal Clinic, Mary Pencin, Tipling, Donna Dunham, Karen Radcliff, Darlene Burnett, Mary Hinton, Sherry Hoard, Jenelle Rodenberg and associated people involved in allegations of civil conspiracy, malicious prosecution, and aiding and abetting tortious conduct.
Problems for the Ratliffs began in April 2008 with a search warrant. According to documents provided by Hicks, the warrant was based on a 4-month-old complaint made by Marjorie "Heidi" Tipling, a technician at the Pencin Veterinary Clinic in Willcox and a member of PAKS. Tipling stated in her complaint on March 31, 2008, to Callahan that the dogs were not being cared for, had no clean water, were infested with ticks, had eye and limb injuries, and had no food available to eat at the time of her "surprise shopper" visit in December 2007.
With the warrant in hand, Callahan took possession of four adult dogs and eight puppies on April 16, 2008, and transported the dogs to Pencin Veterinary Clinic in Willcox for evaluations. Callahan stated the dogs were suffering from "gum disease, eye problems, tick scabs, hernias and pale mucous membranes."
Callahan later returned and collected 17 more dogs from the Ratliffs on the grounds their medical health could not be determined without a "complete medical examination," documents show.
The Ratliffs requested the dogs be taken to their veterinarian in Bisbee, Dr. Charles Behney, until the matter could be resolved. Deputies told them the dogs would go to Pencin and transportation to Behney's could be arranged. But that didn't happen. Instead, six dogs were transported to Pantano veterinary clinic in Tucson and several were adopted out to other people involved with PAKS.
In an April 16, 2008, letter to the county, veterinarian Mary Pencin stated, "Today the Cochise County Animal Officer from Sierra Vista, Laurie, (no last name given), brought to the clinic and turned over to PAKS for treatment and adoption twelve dogs."
According to PAKS adoption agreements, adopters agree to "provide a foster animal with proper and routine veterinary care, including wellness exams, current required and recommended vaccinations and urgent emergency care as needed." The agreement also acknowledges that the owner of the animal has the "right to access the animal."
Copies of 10 foster care agreements from PAKS were provided to Hicks, but no other information was given about the whereabouts of the remaining 19 dogs.
In May 2008, the county filed a motion in Justice Court to have the Ratliffs forfeit the dogs.
But in June, Hicks filed a motion for dismissal of charges due to a "stale" search warrant. Tipling allegedly shopped Ratliff on December 20, 2007, yet waited until March 2008 to make a formal complaint. Then it took three more weeks for the animal control officer to act on the complaint.
Justice David Morales tossed the evidence found under the "stale" search warrant. He then dismissed the charges. He also ordered the county to transport the dogs to Behney's office at Ratliff's expense for examination and care.
The date of the transport of the dogs was set for June 27. However, Callahan stated in an affidavit that the dogs couldn't be transported because she didn't know where the dogs were.
The county appealed the decision by Morales and refused to return the dogs until the appeal had been heard. Superior Court Judge Wallace Hoggatt upheld the ruling by Morales in favor of the Ratliffs on Dec. 22, 2008.
Charges were dismissed with prejudice by the county attorney's office on Jan. 22, 2009.
The same day, Donna Dunham with PAKS wrote to Callahan stating, "All the dogs have expired." She stated that instructions were given not to provide "extraordinary care."
Copyright © 2010 - Arizona Range News
WHAT TO DO WHEN ANIMAL CONTROL COMES KNOCKING
by George J. Eigenhauser Jr.
(Mr Eigenhauser is an attorney at law licensed in the State of California
since 1979 and practices in the areas of civil litigation and estate planning.
I have actually spoken with him on the phone.)
ANTI-DOG ENFORCEMENT
What Every Dog Owner Needs to Know:
Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may
retaliate against dog owners, and many other reasons drive complaints and anti-dog enforcement action, which many times may be conducted illegally. The following text outlines methods of inquiry and enforcement that may be used by local officials in an attempt to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the US Constitution. No breeder or rescuer wants to have Animal Control come knocking on the door ... but, if they do, it will help if you know what your options are. Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: NEVER physically resist an officer.
When Animal Control is At Your Door:
1. Do not let them in, no matter how much they ask. Animal Control generally cannot enter your
home without a warrant, or without your permission. While regular police can enter in emergency situations when human life is at risk (i.e., they hear gunshots or a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them (very politely) they may not come in.
2. If you let them in, anything they find in "plain sight" can be used against you. In some
circumstances, Animal Control officers , unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation ... they will.
3. Do not talk to them from an open doorway. Step outside and close (lock it, if possible) the
door behind you. This is necessary because:
A) Anything they see through the open door is in "plain sight" and may be the basis for an
arrest or probable cause for a search warrant.
B) If they make an arrest or even feel threatened, they are usually permitted to search for
weapons in your immediate area. Do you keep a baseball bat behind the front door for your
protection? Even if you don't, once they step inside to look, they are in your home and may
continue to search.
C) It is hard not to be intimidated by someone in authority. Some animal control is even done
by local police, who carry guns. It is easy for them to get "in your face", causing you to back up
into your home. Once you go in, it will be interpreted as an invitation to follow.
4. If they claim to have a warrant, demand to see it. In general, a search warrant must be signed
by a judge. A warrant to search your home for dogs does NOT include an inventory of your jewelry box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.
5. In some locations, dog owners may have obtained special "breeder or rescue permits" that
stipulate that Animal Control has your permission to enter your kennel at any time. If you have
signed such a permit, they still cannot enter against your wishes since you can revoke permission
at any time. However, if you refuse permission, it may allow them to cancel your permit, so you
have to weigh the consequences.
6. WARNING -- anyone in lawful possession of the premises may be able to give permission
for a search. Make sure your roommate, babysitter, dog sitter, housekeeper, etc. know they should NEVER let animal control into your home or on your property (i.e., backyard, garage, barn, etc.).
How to Handle Questions:
1. Don't answer any questions beyond identifying yourself for the officer. Anything you say to the
officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win except by remaining silent.
2. Be polite, but firm. Do not argue, bad-mouth, curse, threaten, or try to intimidate the officer.
3 Do not lie to an officer; however, it is NOT a lie to exercise your right to remain silent.
4. Keep your hands in plain sight. People have been shot by police when common objects, such as
a wallet, were mistaken for a gun.
5. Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful
his or her actions.
6. Don't try to tell your side of the story; it cannot help.
7. Do not threaten the officer that you plan to file a complaint for their actions.
8. If the questioning persists, demand to speak to a lawyer first. Repeat as necessary.
Gathering The Facts:
1. Get the name and badge number of each officer involved. If he/she does not volunteer this
information, ask.
2. Ask the name of the agency they represent. Different agencies have different enforcement
responsibilities.
3. Ask why they are there. Request factual basis of the complaint and complainant's identity.
4. If they have other people with them (HSUS, press, etc.), get names and organizations for all
present.
5. Note names & addresses of any witnesses to the encounter.
6. If you are physically injured by an officer, take photographs of injuries immediately, but do not forego proper medical treatment as soon as possible.
7. Write down all information, as well as date and time of incident, immediately while details are
still fresh in your mind.
8. If your rights are violated, file a complaint with the appropriate body.
If You Are Arrested:
1. REMAIN SILENT -- answer no questions until you have consulted with a lawyer.
2. DON'T EXPLAIN ANYTHING -- you will have time for explanations after you talk to your
lawyer.
3. They must allow you a phone call (for calling a lawyer or to arrange bail) within a reasonable
amount of time. They are NOT allowed to listen to your phone call to your attorney, but may
"monitor" the rooms for "your protection". Do not say anything you do not want overheard; save
that until after you are out on bail.
Telephone Inquiries or Threats:
You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale.
Other questions may also be asked. Your response should be to inquire "Are you interested in a
puppy?". If the answer is "yes", ask for the person's name and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you.
If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies.
If you are asked, "What is the price of your pups?", simply say that puppies of this breed are being sold for between "X" and "Y" dollars. NEVER say that you are selling them.
If you are asked, "Are these your puppies?", you should ask, "Why do you want to know?"
If conversation indicates the person represents County Clerk's Office or other official body, ask for:
--- Full name, title & phone number
--- Agency's full name and address
--- Supervisor's full name and phone number
--- Nature of inquiry (what it is about)
--- Why the inquiry is being made
--- How your name and phone number were obtained
--- Ask that all future questions from that agency be submitted in writing
Preventative Measures:
1. Always keep your kennel clean and take good care of your animals.
2. Consider a PO Box or other address for business cards and advertisements. Keep descriptions
of your location general (i.e., Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.
3. Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control
or even Animal Rights working under cover.
4. Don't allow strangers into your home until you have screened them.
5. Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most
animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who does not like you parking in front of his house.
6. Anything about you that can be observed in "plain sight" from the street or sidewalk can become probable cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home and property are visible from the outside and plan accordingly.
7. If you are confronted by Animal Control and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.
Whatever you do, stay calm and keep your wits about you.
Just say "NO", no matter what threats or promises of leniency they make.
When in doubt, SAY NOTHING, and speak to a lawyer ASAP.
Permission to reprint and crosspost is granted.
From ADOA Newsletter, June 2008
(Mr Eigenhauser is an attorney at law licensed in the State of California
since 1979 and practices in the areas of civil litigation and estate planning.
I have actually spoken with him on the phone.)
ANTI-DOG ENFORCEMENT
What Every Dog Owner Needs to Know:
Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may
retaliate against dog owners, and many other reasons drive complaints and anti-dog enforcement action, which many times may be conducted illegally. The following text outlines methods of inquiry and enforcement that may be used by local officials in an attempt to enforce ordinances in your community and suggested techniques of response. These techniques are entirely legal and based upon the rights of citizens as stated by the US Constitution. No breeder or rescuer wants to have Animal Control come knocking on the door ... but, if they do, it will help if you know what your options are. Remember, Animal Control is law enforcement. They are bound by the same Constitution as any other government agency. To protect yourself, you need to know your rights. These vary slightly one jurisdiction to another, but some general principles apply. One rule applies everywhere: NEVER physically resist an officer.
When Animal Control is At Your Door:
1. Do not let them in, no matter how much they ask. Animal Control generally cannot enter your
home without a warrant, or without your permission. While regular police can enter in emergency situations when human life is at risk (i.e., they hear gunshots or a scream inside), there are few, if any, situations in which Animal Control can enter your home without a warrant. Simply tell them (very politely) they may not come in.
2. If you let them in, anything they find in "plain sight" can be used against you. In some
circumstances, Animal Control officers , unable to find a legitimate reason to make an arrest, have reported building or zoning violations. This may include caging you attached to a wall without a building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even extension cords in violation of fire codes! No matter how clean your kennel, if they want to find a violation ... they will.
3. Do not talk to them from an open doorway. Step outside and close (lock it, if possible) the
door behind you. This is necessary because:
A) Anything they see through the open door is in "plain sight" and may be the basis for an
arrest or probable cause for a search warrant.
B) If they make an arrest or even feel threatened, they are usually permitted to search for
weapons in your immediate area. Do you keep a baseball bat behind the front door for your
protection? Even if you don't, once they step inside to look, they are in your home and may
continue to search.
C) It is hard not to be intimidated by someone in authority. Some animal control is even done
by local police, who carry guns. It is easy for them to get "in your face", causing you to back up
into your home. Once you go in, it will be interpreted as an invitation to follow.
4. If they claim to have a warrant, demand to see it. In general, a search warrant must be signed
by a judge. A warrant to search your home for dogs does NOT include an inventory of your jewelry box. A warrant to search your kennel in the garage or in the barn does not include a search of your home.
5. In some locations, dog owners may have obtained special "breeder or rescue permits" that
stipulate that Animal Control has your permission to enter your kennel at any time. If you have
signed such a permit, they still cannot enter against your wishes since you can revoke permission
at any time. However, if you refuse permission, it may allow them to cancel your permit, so you
have to weigh the consequences.
6. WARNING -- anyone in lawful possession of the premises may be able to give permission
for a search. Make sure your roommate, babysitter, dog sitter, housekeeper, etc. know they should NEVER let animal control into your home or on your property (i.e., backyard, garage, barn, etc.).
How to Handle Questions:
1. Don't answer any questions beyond identifying yourself for the officer. Anything you say to the
officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you will be used in court (confessions are not considered hearsay). You cannot win except by remaining silent.
2. Be polite, but firm. Do not argue, bad-mouth, curse, threaten, or try to intimidate the officer.
3 Do not lie to an officer; however, it is NOT a lie to exercise your right to remain silent.
4. Keep your hands in plain sight. People have been shot by police when common objects, such as
a wallet, were mistaken for a gun.
5. Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful
his or her actions.
6. Don't try to tell your side of the story; it cannot help.
7. Do not threaten the officer that you plan to file a complaint for their actions.
8. If the questioning persists, demand to speak to a lawyer first. Repeat as necessary.
Gathering The Facts:
1. Get the name and badge number of each officer involved. If he/she does not volunteer this
information, ask.
2. Ask the name of the agency they represent. Different agencies have different enforcement
responsibilities.
3. Ask why they are there. Request factual basis of the complaint and complainant's identity.
4. If they have other people with them (HSUS, press, etc.), get names and organizations for all
present.
5. Note names & addresses of any witnesses to the encounter.
6. If you are physically injured by an officer, take photographs of injuries immediately, but do not forego proper medical treatment as soon as possible.
7. Write down all information, as well as date and time of incident, immediately while details are
still fresh in your mind.
8. If your rights are violated, file a complaint with the appropriate body.
If You Are Arrested:
1. REMAIN SILENT -- answer no questions until you have consulted with a lawyer.
2. DON'T EXPLAIN ANYTHING -- you will have time for explanations after you talk to your
lawyer.
3. They must allow you a phone call (for calling a lawyer or to arrange bail) within a reasonable
amount of time. They are NOT allowed to listen to your phone call to your attorney, but may
"monitor" the rooms for "your protection". Do not say anything you do not want overheard; save
that until after you are out on bail.
Telephone Inquiries or Threats:
You may receive telephone inquiries concerning the number of dogs you own and whether any dogs or puppies are for sale.
Other questions may also be asked. Your response should be to inquire "Are you interested in a
puppy?". If the answer is "yes", ask for the person's name and phone number. Suggest that you or a responsible breeder will contact that person at a more convenient time for you.
If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies.
If you are asked, "What is the price of your pups?", simply say that puppies of this breed are being sold for between "X" and "Y" dollars. NEVER say that you are selling them.
If you are asked, "Are these your puppies?", you should ask, "Why do you want to know?"
If conversation indicates the person represents County Clerk's Office or other official body, ask for:
--- Full name, title & phone number
--- Agency's full name and address
--- Supervisor's full name and phone number
--- Nature of inquiry (what it is about)
--- Why the inquiry is being made
--- How your name and phone number were obtained
--- Ask that all future questions from that agency be submitted in writing
Preventative Measures:
1. Always keep your kennel clean and take good care of your animals.
2. Consider a PO Box or other address for business cards and advertisements. Keep descriptions
of your location general (i.e., Southern California, rather than the name of the city where you live). The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get a number from a nearby community forwarded to your phone or to a voice mail. Avoid local newspaper classifieds, they are often monitored.
3. Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control
or even Animal Rights working under cover.
4. Don't allow strangers into your home until you have screened them.
5. Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most
animal control contacts are complaint-driven. Some complaints may arise as harassment by people with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who does not like you parking in front of his house.
6. Anything about you that can be observed in "plain sight" from the street or sidewalk can become probable cause for a warrant. Even areas on your property open to visitors can be dangerous. Be aware of which areas of your home and property are visible from the outside and plan accordingly.
7. If you are confronted by Animal Control and turn them away, assume they will be back. Use the time available to make sure everything is clean and presentable. If you are over the limit on the number of pets, find friends who can provide temporary shelter for your dogs.
Whatever you do, stay calm and keep your wits about you.
Just say "NO", no matter what threats or promises of leniency they make.
When in doubt, SAY NOTHING, and speak to a lawyer ASAP.
Permission to reprint and crosspost is granted.
From ADOA Newsletter, June 2008
SPCA HORSE RAID
Although this video is is now set to private...I keep waiting for it to come back so I haven't removed it. It is an excellent example of an illegal confiscation, complete with the typically false accusations of malnourishment by the SPCA in order to justify the seizures. I was made aware of this case after hearing about it from a friend of the victims, Brian and Heidi Travis.
On March 9, 2009 the SPCA raided our farm in Candia, NH. Backed by over a dozen cops from three towns, they blocked off the road for a half mile and took 12 happy, healthy horses. Think about this the next time you send your donation to the SPCA.
This woman was very lucky - she eventually got back all of her horses, but only because she lived in a community where she had a huge amount of support.
Here is a link to more information about this raid. Bear in mind that the media is well known for slanting the issue in favor of the authorities:
Horse Seizure at Inhumane.org
This a link is to a web site that best represents the viewpoint of the Travis', in their own words. There are some very compelling vids here.
Obscured Truth Network Covers Travis Horse Raid
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