Seizure prior to search warrant

[Reinermom]

What is the name of your state? CA

I had an issue with Animal control after an incidental bite to my son, by one of my own dogs. They wanted to quarantine the animal for 10 days, and obviously i was against it, however, when tried to keep my dog - and not allow the officers to take the dog,they said they could seize the house to 'wait' for the search warrant. Can they do this? One of the officers involved was pretty physical, they will have the dog for 7 days anyway....thanks

 

[The Occultist]

Yes, they can seize the house and wait for the warrant to make sure the dog doesn't "run away" before the warrant arrives. A similar example is that the police may detain people in a household before the drug warrant arrives to make sure nobody flushes anything down the toilet.

 

[CdwJava]

Ditto Occultist.

Yes, it is possible to secure the premises and await the search warrant.

- Carl

 

[outonbail]

Although I don't know what is meant by an "incidental bite", I personally wouldn't have any problem with animal control taking my dog if it bit anyone but an intruder or someone that was physically attacking us. As much as I love my dog, I'd have to put my son first. Although, there are times this decision wouldn't be so easy to arrive at, I'd still have to side with my flesh and blood.

However, isn't this something animal control only does when the dog's owner does not have a current rabies certificate to show the officers that all shots are up to date, or is it left to their discretion?

 

[CdwJava]

However, isn't this something animal control only does when the dog's owner does not have a current rabies certificate to show the officers that all shots are up to date, or is it left to their discretion?

Legally, it's discretionary. Whether there is a policy on this or not depends on the agency.

- Carl