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Sheriff and animal control took my dog

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whowelookinfor

Junior Member
What is the name of your state (only U.S. law)? San bernardino county, California;
I found a very small dog in the street late one night, wounded and I nursed her back to life. That very night I posted a couple of local ads with her picture for hopes of finding her a good home when she was well. She had a ruptured abscess and honestly, I didn't know whether she would pull through without spending a bunch of money at the vet. About a month after I got s rash of crazy threatening text messages from a girl whom my boyfriend helped out by loaning money, back in August. I really don't know how to present this up to give you the idea of this situation, because, as it turned out, this little dog, was in fact hers.
It's a small town, and the coincidence that this dog and I crossed paths is pretty far fetched....considering, in august, I traveled 30 miles or so to see if I could help this 4 lb dog after she had been running amuck in the neighborhood, and manage to get thrashed in thejaws of a pit bull. It was truly sad. I bought some wound care spray, antibiotics, and brought clean towels. I felt so bad and really didn't think there was much hope for her if she didn't get constant attention to keep the wound clean.
At that point the girl practically begged me to take the dog with me, as she was, again, being evicted from her home, and would be able to care for her. I already have two dogs that don't get the right attention from me at home, so I had to decline.
As it turns out, she moved into a place that is right near where I found this dog. I never put it together who this dog was until I started getting vulgar text about having stolen her daughter's dog, November 21st.
I didn't think that she was correct, I figured her to be mistaken. But a couple of mutual friends that visit both her and I must have recognized the dog.
Meanwhile, this little thing is finally getting better. She has bonded with my little dogs, put on some weight, and the infection has almost gone away. I said almost because she still has a bone fragment to come out, so she isn't in the clear, yet.
So, my civil rights issue:
January 21st, I took my grandmother of 82 years old out for the day, meanwhile, a sheriff deputy and an animal control officer came to my house, knocked, and immediately went to my gate, opened it and took my littlest fragile dog. They said she was chipped, and told my boyfriend he was in possession of stolen property! They didn't leave a receipt, they didn't have the previous owner in the car to ID the dog. They didn't show him any proof of any chip having been scanned. I feel completely violated.
Then she posted a Facebook page about how justice prevailed and she got her dog back from theives...hooray. she also text messaged me rubbing it in.
In november, when she was threatening me...one of her messages stated that I was trying to blackmail her into paying ransom for the dog toy boyfriend! (She owes him $400)
She thinks this mishap was intentional, to prove a point about the money she owes! Weird, right?
I don't even care about all the drama, o just don't want the dog to have a good life.

Don't they have to obtain a warrant to take anything from my property without permission? If there is a microchip, why not just obtain the warrant? She never mentioned any chip when she wanted me to take the dog off her hands...but since I didn't take her upon offer, no matter.
I sure don't feel the doggie is in a safe place, now.
I called sheriff dispatch trying to get the name of the Deputy but they wouldn't do so. And no report was made.
 


OHRoadwarrior

Senior Member
If a police officer sees what he believes to be stolen property, he can enter the property with the warden. You freely admit it was her dog. Are you looking to stir up a nest and be prosecuted for theft by harassing the police and dog warden?
 

CdwJava

Senior Member
If you feel that something was done improperly, you can complain to the agency or agencies involved. You can even sue for the loss of the property if you feel it is worth a Small Claims action.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? San bernardino county, California;
I found a very small dog in the street late one night, wounded and I nursed her back to life. That very night I posted a couple of local ads with her picture for hopes of finding her a good home when she was well. She had a ruptured abscess and honestly, I didn't know whether she would pull through without spending a bunch of money at the vet. About a month after I got s rash of crazy threatening text messages from a girl whom my boyfriend helped out by loaning money, back in August. I really don't know how to present this up to give you the idea of this situation, because, as it turned out, this little dog, was in fact hers.
It's a small town, and the coincidence that this dog and I crossed paths is pretty far fetched....considering, in august, I traveled 30 miles or so to see if I could help this 4 lb dog after she had been running amuck in the neighborhood, and manage to get thrashed in thejaws of a pit bull. It was truly sad. I bought some wound care spray, antibiotics, and brought clean towels. I felt so bad and really didn't think there was much hope for her if she didn't get constant attention to keep the wound clean.
At that point the girl practically begged me to take the dog with me, as she was, again, being evicted from her home, and would be able to care for her. I already have two dogs that don't get the right attention from me at home, so I had to decline.
As it turns out, she moved into a place that is right near where I found this dog. I never put it together who this dog was until I started getting vulgar text about having stolen her daughter's dog, November 21st.
I didn't think that she was correct, I figured her to be mistaken. But a couple of mutual friends that visit both her and I must have recognized the dog.
Meanwhile, this little thing is finally getting better. She has bonded with my little dogs, put on some weight, and the infection has almost gone away. I said almost because she still has a bone fragment to come out, so she isn't in the clear, yet.
So, my civil rights issue:
January 21st, I took my grandmother of 82 years old out for the day, meanwhile, a sheriff deputy and an animal control officer came to my house, knocked, and immediately went to my gate, opened it and took my littlest fragile dog. They said she was chipped, and told my boyfriend he was in possession of stolen property! They didn't leave a receipt, they didn't have the previous owner in the car to ID the dog. They didn't show him any proof of any chip having been scanned. I feel completely violated.
Then she posted a Facebook page about how justice prevailed and she got her dog back from theives...hooray. she also text messaged me rubbing it in.
In november, when she was threatening me...one of her messages stated that I was trying to blackmail her into paying ransom for the dog toy boyfriend! (She owes him $400)
She thinks this mishap was intentional, to prove a point about the money she owes! Weird, right?
I don't even care about all the drama, o just don't want the dog to have a good life.

Don't they have to obtain a warrant to take anything from my property without permission? If there is a microchip, why not just obtain the warrant? She never mentioned any chip when she wanted me to take the dog off her hands...but since I didn't take her upon offer, no matter.
I sure don't feel the doggie is in a safe place, now.
I called sheriff dispatch trying to get the name of the Deputy but they wouldn't do so. And no report was made.
OP member profile is...interesting.


ETA Px Hx is a must. :)
 
Last edited:

justalayman

Senior Member
given the description of the situation, I would be surprised the guy is not charged with some criminal offense.





I don't even care about all the drama, o just don't want the dog to have a good life.
so you are so vindictive you don't want the dog to heal well and be happy? Wow, you are seriously demented.
 

tranquility

Senior Member
If a police officer sees what he believes to be stolen property, he can enter the property with the warden. You freely admit it was her dog. Are you looking to stir up a nest and be prosecuted for theft by harassing the police and dog warden?
Perhaps you should expand on that. I might be missing what is going on.

A police officer (with a "warden") can enter the curtilage of a residence because he "believes" something he sees seems to be stolen property without a warrant?
 

OHRoadwarrior

Senior Member
If the officer goes to a home looking for a stolen dog and sees the stolen dog, he may enter the property to secure the dog. Just as he would a large growth of MJ.
 

justalayman

Senior Member
If the officer goes to a home looking for a stolen dog and sees the stolen dog, he may enter the property to secure the dog. Just as he would a large growth of MJ.
that would be called the plain view exception to a need for a warrant


and the facts neither support nor refute the possibility of such. If the dog was identifiable without entering the gated area, then plain view applies.
 

justalayman

Senior Member
I suspect the potentially illegal entry might exclude any facts that could lead to conviction.
Evidence was ultimately discoverable through other means. In fact, one has to wonder how the police knew to show up to this particular house looking for that particular dog. I suspect there was more than adequate evidence to further the investigation independent of the taking of the dog.
 

OHRoadwarrior

Senior Member
The plain view seems apparent. The dog warden was to check the chip and give secondary verification.


that would be called the plain view exception to a need for a warrant


and the facts neither support nor refute the possibility of such. If the dog was identifiable without entering the gated area, then plain view applies.
 

tranquility

Senior Member
Evidence was ultimately discoverable through other means. In fact, one has to wonder how the police knew to show up to this particular house looking for that particular dog. I suspect there was more than adequate evidence to further the investigation independent of the taking of the dog.
That is not the path of consideration. Otherwise, any currently illegal search of a residence would not require a warrant, but what police "knew".

The key here is the 4th amendment.
 

OHRoadwarrior

Senior Member
The owners complaint, witnesses and dogs picture or description presented plain sight evidence. The chip confirmed it. Of course if OP also wishes to be charged with possession of stolen property, far be it from me to stop them from complaining and investigating.
 
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