Valid Search and Seizure Warrant

I live in Montgomery County, Maryland.

My question is if a judge did not sign a search and seizure warrant but did sign the application itself (that they presented it to him) and five policeman and animal control come and enter my residence without being admitted and seize my dog for a violation of an Order of Corrective Action (not wearing a muzzle while being walked on a leash) is this legal? If not what can I do?

Not going to be worth your time. If the warrant is deemed bad because of the signature then the judge could order your dog returned. While you are going to pick up the dog the officer will be getting a new warrant and meet you at your house and take the dog again.
What exactly are you looking to happen? Or want to happen?

I want to get my dog back!

If you go after the warrant they will just get a new one.
Is there any other way to get your dog back? And what kind of dog?

In addition to the question "what kind of dog"..... what did this dog do to be issued an order to wear the muzzle (and what reason are you giving for not complying with this order?) I would also be interested to know if, in addition to the muzzle violation, you are in violation of any town ordinance with respect to your pets, i.e. a limit law. I've got a good friend who works animal control in our town and helps develop policy in compliance with state laws for our town. Our policemen here (small town) are getting pulled into these new laws, and they're about to have a fit because in order to enforce a pet limit law (if adopted) would require them to seize pets. Towns are really cracking down on this issue. Mine are about as secure as they come -- either in the house or in the fenced in back yard. Never on a leash. Dogs can get off leashes and dogs can kill people. The town is wanting me to speak on responsible pet ownership at the next meeting, and I DO NOT want to do it!! I've got mixed feelings on the issue, actually. But back to your problem -- where is your dog now? Is he in compliance with rabies vaccine?



hmmbrdzz

Wow, I just looked at my original post and realized I gave very little background information on this, I guess I was so upset.

My daughter's staffordshire terrier (a 3 year old altered female)
got out of our yard through a series of unfortunate circumstances
(workman left the gate unlocked and invisible fence was off) and a neighbor was walking her wirehaired terrier and they got into a fight. After 3 days at the emergency vets (and $2000 which I paid) the wirehaired terrier died. Animal control deemed our dog 'potentially dangerous', and said she had to wear a muzzle at all times when she was off our property.

One of our neighbors reported to animal control that she was seen being walked without a muzzle (denied by my daughter) so animal control came and impounded her (here you have the question about the unsigned warrant and the fact that the police and animal control entered my house uninvited.)

The owner of the terrier admitted to my son and myself that the her dog would sometimes start fights with bigger dogs. However, she is stirring up the neighborhood and calling for "country justice" to be done in editorials to the local paper.

I fear for this dog and I fear for my other dogs as we have other dogs (large mutts - not AMSTAFFs) as I could see our homeowner's association passing a policy that would limit the number and size of dogs allowed. This dog is awaiting an Animal Matters Hearing to see is she lives or dies.

You really fouled up. This is a pit who wasn't muzzled. I spoke to my friend who said you would be lucky to ever get the dog back and that the dog will, no doubt, be put to death. She said your insurance could not limit the size of your dogs but can cancel your policy due to a list of potentially dangerous dogs insurance companies can use to cancel policies, and they don't have to be pits (they can be mutts). She said you could also do jail time if you continue to violate the ordinances regarding your dogs -- especially since you're a Staffordshire Terrier owner. You should take this issue seriously and consider yourself having the dog put down and getting rid of any other pits you may have. This was really not a series of unfortunate events. It was irresponsibility, unlawful, and frankly inexcusable. Don't own dogs if you don't want to do what you're supposed to do or if you don't know what you're supposed to do. Sorry about the dog, but it's not the dog's fault or the policeman's fault or the courts fault.



hmmbrdzz