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Please Help - Unlawful search and seizure?

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Wufpack

Junior Member
What is the name of your state? Florida
Friday my sister was supposed to be moving so I took my dog Roy over there Thursday evening to help her load up her goats the next morning as he is a trained sheep dog. The transporter who was going to move hte animals broke down and said he would be there sunday. The new owners of the property, the closing had been tuesday but my sister still had posession of the property, asked her to move them that day as they had a tractor coming saturday to do some work on teh yard. My sister made arrangements to move them 5 miles down the road. Before my sister could move the animals I got a call at work from her saying that animal control and the sheriffs department were at her house and I could I please go over their until she could get there. I asked my sister where the dogs were and she said they were at our mothers house, which is where she was leaving from. When i got to teh property I was told that the new property owners contacted animal control adn sked them to remove the animals and that they had faxed a sugned, not notarized, letter to teh shelter giving them permission to remove the animals. All of this time I assumed Roy was at my mothers house with teh other dogs as I never saw him. I left the property after my sister arrived and returned 20 minutes later and they were already loading the animals. My sister said there was nothing to be done until monday so I went home, still believeing that my dog was at my mothers house. Saturday I was gone all day and was unreachable. Sunday morning when I called my sister to tell her to bring Roy home when she came to go to dinner she told me that my dog had been on teh property friday and was now in the posession of Animal control. I immediately called and spoke with teh officer on call and was told to come to teh shelter monday morning with his rabies certificate nad proof of ownership and speak with the director. When I arrived their the director looked at my paperwork and called over the officer that had been at the property friday, officer claimed that the Police officer on the scene had asked me if I owned any of the animals on the property and that I had answered him no, i promptly informed her that "NO, the officer had never asked me that and that even if he had I had been told that the dogs were at my mothers house so I did not even know he was on teh property at the time". They then said that the letter I had from the person i bought the dog from was not a legal document and when asked what was they said, "I don't know you will have to ask you lawyer". I was too ticked off after that to really argue with tehm anymore. The director said that once she received all of her paperwork she would determine if she could return my dog to me. When i called yesterday she said she still did not have all of the paperwork.
What gets me is they are saying my signed peice of paper is not a legal document, but all they had from the property owner giving them permission to enter the property was a faxed, signed piece of paper, and they conclude that that was a legal document. What is the difference?
Plus the property owners are claiming that animal control contacted them, while animal control say's that they were contacted by the property owners.
I can't get a straight answer from anyone.
I just want my dog back!!:(
 


Wufpack

Junior Member
Friday my sister was supposed to be moving so I took my dog Roy over there Thursday evening to help her load up her goats the next morning as he is a trained sheep dog. The transporter who was going to move hte animals broke down and said he would be there sunday. The new owners of the property, the closing had been tuesday but my sister still had posession of the property, asked her to move them that day as they had a tractor coming saturday to do some work on teh yard. My sister made arrangements to move them 5 miles down the road.

Before my sister could move the animals I got a call at work from her saying that animal control and the sheriffs department were at her house and I could I please go over their until she could get there. I asked my sister where the dogs were and she said they were at our mothers house, which is where she was leaving from. When i got to teh property I was told that the new property owners contacted animal control adn sked them to remove the animals and that they had faxed a sugned, not notarized, letter to teh shelter giving them permission to remove the animals. All of this time I assumed Roy was at my mothers house with teh other dogs as I never saw him.

I left the property after my sister arrived and returned 20 minutes later and they were already loading the animals. My sister said there was nothing to be done until monday so I went home, still believeing that my dog was at my mothers house. Saturday I was gone all day and was unreachable. Sunday morning when I called my sister to tell her to bring Roy home when she came to go to dinner she told me that my dog had been on teh property friday and was now in the posession of Animal control. I immediately called and spoke with teh officer on call and was told to come to teh shelter monday morning with his rabies certificate nad proof of ownership and speak with the director.

When I arrived their the director looked at my paperwork and called over the officer that had been at the property friday, officer claimed that the Police officer on the scene had asked me if I owned any of the animals on the property and that I had answered him no, i promptly informed her that "NO, the officer had never asked me that and that even if he had I had been told that the dogs were at my mothers house so I did not even know he was on teh property at the time". They then said that the letter I had from the person i bought the dog from was not a legal document and when asked what was they said, "I don't know you will have to ask you lawyer".

I was too ticked off after that to really argue with tehm anymore. The director said that once she received all of her paperwork she would determine if she could return my dog to me. When i called yesterday she said she still did not have all of the paperwork.
What gets me is they are saying my signed peice of paper is not a legal document, but all they had from the property owner giving them permission to enter the property was a faxed, signed piece of paper, and they conclude that that was a legal document. What is the difference?

Plus the property owners are claiming that animal control contacted them, while animal control say's that they were contacted by the property owners.
I can't get a straight answer from anyone.

I just want my dog back!!:(
 

CdwJava

Senior Member
I would start by calling them and asking them what document they will accept as valid proof of onwership of the dog. I suspect if you have proof of shots and license, AND a notarized letter from the prior owner as a "bill of sale" that this would be sufficient. I cannot see how one can possibly have "proof" of ownership of a dog beyond that - unless it is a registered pedigree.



- Carl
 

Wufpack

Junior Member
CdwJava said:
I would start by calling them and asking them what document they will accept as valid proof of onwership of the dog. I suspect if you have proof of shots and license, AND a notarized letter from the prior owner as a "bill of sale" that this would be sufficient. I cannot see how one can possibly have "proof" of ownership of a dog beyond that - unless it is a registered pedigree.



- Carl
I asked them what they would accept as legal proof of ownership, and they said " I don't know, ask your lawyer"
 

CdwJava

Senior Member
Wufpack said:
I asked them what they would accept as legal proof of ownership, and they said " I don't know, ask your lawyer"
That pretty much bites.

I would venture to guess that you may have some cause of action against them if they can't even tell you what they can accept to prove ownership of the dog as that would seem to be inappropriately subjective.

You might consider consulting with an attorney and seeing if you can get a (possibly threatening) letter written by one.

- Carl
 

tigger22472

Senior Member
CdwJava said:
That pretty much bites.

I would venture to guess that you may have some cause of action against them if they can't even tell you what they can accept to prove ownership of the dog as that would seem to be inappropriately subjective.

You might consider consulting with an attorney and seeing if you can get a (possibly threatening) letter written by one.

- Carl
Carl, this poster asked this exact same question last week and was given the much of the same advice.
 

Wufpack

Junior Member
tigger22472 said:
Carl, this poster asked this exact same question last week and was given the much of the same advice.
I just posted this yesterday when I found this forum so I don't know who you are talking about posting this last week. You might want to check your facts before you talk next time.:mad:
 

tigger22472

Senior Member
I may have been wrong on WHEN it was but not WHAT it was....

Multiple threads about the same issue WILL NOT find you a different result.
 

Wufpack

Junior Member
tigger22472 said:
I may have been wrong on WHEN it was but not WHAT it was....

Multiple threads about the same issue WILL NOT find you a different result.
I put it in the 2 categories as I wasn't sure what it would be covered under, and I still don't know.
Anyone know a good lawyer in the Jacksonville, Fl. area?
All I'm rtying to do is get some help here.
Calling me names doesn't do anything but make you guys look bad.

Beth
 

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