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A police officer stole our dog.

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all4audrey

Junior Member
I live in ILLINOIS.
I'll try to make this as short as possible. Found a dog wearing a red collar at an intersection on Monday, the 5th. The collar was so terribly tight I had to cut it off and she had patches of fur missing under her neck where it had been. Took numerous measures to post ads and hang flyers. The Humane Society told us that the policy is that if the dog isn't claimed within 7 days, it was legally ours. 7 days went by, nobody claimed it- we bonded with it and decided to keep it. On day 8, a man called regarding a newspaper ad. We were previously told to screen anyone who tried to claim the dog, as some people will try to claim it and use them for bait in dog fights. He told us the collar was orange- when it was actually RED. We asked for his name, called the county and they said he did NOT have a dog registered and said it was 'our call' if we wanted to give the dog to him or not. We returned the man's call and explained to him the situation and that we had chosen to keep the dog. Well, he called a sheriff (whom we assume is his friend) who came and took the dog. Literally just showed up on our doorstep and insisted we give him the dog- and he gave it to the man.
We're horribly upset, as we don't even know if he was the rightful owner. According to what we were told we had 7 days- and after speaking with someone at the courthouse he pulled out some huge book and said it was '7 business days,' and since we had her over the weekend it didn't count. Even so, we don't think the officer had any right to just come in and take the dog which obviuosly showed signs of neglect. We were TOLD we had the choice to keep her or not- and we desperately want her back. Looking his records up online he already has an ordinance violation against him for not registering his dogs. The people at the courthouse said that all he'd have to do is provide proof, such as a photo of her as a puppy, proving she belonged to him. Our concern is obviously about the dogs health- and even if he does provide proof that she WAS his, we don't believe that he had any right to just call an officer and have them take the dog when we were TOLD it was our choice after the 7 days were up. AND it was already proven that the dog was NOT registered. We're very frustrated and don't know where to turn- neither of us (my boyfriend I live with and myself) have ever been in a court/civil situation before. All we want is to have our dog back... in a home where she'll be cared for properly and the county animal control isn't helping one bit. If anyone has any advice it would be greatly appreciated....
-Katie
 


JETX

Senior Member
The Humane Society told us that the policy is that if the dog isn't claimed within 7 days, it was legally ours.
Sorry, but that is NOT the law... and to my knowledge, the Humane Society doesn't make laws.

All we want is to have our dog back.
Sorry, but you have provided NOTHING to support your claim of ownership.

If anyone has any advice it would be greatly appreciated.
Simple answer... go to the Humane Society and get your own dog.
 

all4audrey

Junior Member
<<Sorry, but that is NOT the law... and to my knowledge, the Humane Society doesn't make laws.>>
I never said it was THEIR law. They KNOW the laws, and happen to have been the ones who ORIGINALLY told us. Our COUNTY states that law and it HAS been confirmed.

<<Sorry, but you have provided NOTHING to support your claim of ownership.>>
Well obviously we didn't legally have her registered as we weren't allowed to do it until the 7 days were up. We've talked with the county and they state that even if a dog isn't registered it's still considered 'property' of whomever had it after the 7 days. I work for a vet clinic and could've had registration done that 8th day if necessary but the man called and the situation happened that morning.

<<Simple answer... go to the Humane Society and get your own dog.>>
We already have a dog. It's not about having any dog. It's about getting a dog back that some random man saw an ad in the paper for and decided he wanted- and if it WAS her previous owner it's been proven that he doesn't take care of it.

I never asked for anyone to confirm what I already know. Simply put, by the standards that this man followed; I could call an ad in the paper for some purebred thousand dollar dog that was found, and insist it was mine without any proof. If the people didn't believe me and didn't think I was fit to own it, I could just call the sheriff and have him bring me the dog, no questions asked. Maybe it's just me but I'm pretty sure that isn't how things are supposed to work.
 

JETX

Senior Member
Our COUNTY states that law and it HAS been confirmed.
Let me make this VERY simple, so that you will even be able to follow it.... there is NO SUCH LAW (that you magically become default owner of an animal after 7 days of possession) in Illinois (and to my knowledge, in any other state).

And if you think there is... and you say it has been confirmed.... provide a citation to the law you claim exists.

And the rest of your whining is just crap.
The simple FACT is.... the other person, owner or not, was able to convince the officer that you had his dog. The officer then recovered the property (animal).
If you don't like the officers conduct... file a complaint with his supervisor.
 
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all4audrey

Junior Member
Let me make this VERY simple, so that you will even be able to follow it.... there is NO SUCH LAW (that you magically become default owner of an animal after 7 days of possession) in Illinois (and to my knowledge, in any other state).

And if you think there is... and you say it has been confirmed.... provide a citation to the law you claim exists.

And the rest of your whining is just crap.
The simple FACT is.... the other person, owner or not, was able to convince the officer that you had his dog. The officer then recovered the property (animal).
If you don't like the officers conduct... file a complaint with his supervisor.
We were physically shown the statute at the courthouse. I'm sorry if you're having difficulty googling it, but that is what was written and what we read. If you really want validation drive here and read it yourself. After 7 business days the dog becomes property of the person or business that has it. Generally these businesses offer an adoption period or have the animal euthanized.
Seriously sir, it's clear that you think you know something about this but you've proven that you don't and it's simply not worth me explaining it to you. Using an internet search engine for illinois dog laws simply doesn't make you an authority as you can't find everything online.
And we already have a complaint filed, we did that the day the dog was taken.
And I just love how you state that any valid point of mine is 'just crap.' Very typical. :)
 
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JETX

Senior Member
Generally these businesses offer an adoption period or have the animal euthanized.
Oh, I get it.... you are wrong.
By 'these businesses', you mean the Humane Society or other animal 'adoption' agency's. Yes, they might have a POLICY that you can take one of their animals home for 7 days on a trial basis... and after that period you are the owner (and can't return the animal).
HOWEVER, you didn't get the dog from them.... you FOUND it. The society policy has NO affect.... and is NOT the law.

And I just love how you state that any valid point of mine is 'just crap.' Very typical.
Yep... crap is still crap... no matter how good you try to make it taste.
The simple matter is... you have NO valid claim to ownership. Your view of this entire situation is skewed by your desire to keep this animal that is not yours. Even to the extent that you have imagined some kind of conspiracy between the real owner and law enforcement ("he called a sheriff (whom we assume is his friend) who came and took the dog.").

Clearly, you are so biased that you will not let facts get in the way of your version.
 
sorry

I know you are upset, i can tell and you want only what is best for the animal. Please notify the appropriate authorities and make sure that the dog gets registered. then continue to call and have them check up to make sure the animal is not being abused. If it is, they will take it and you can get it that way

Good luck
 

mommyof4

Senior Member
It should be noted that most states have statutes related to the taking up of “estays” or estray animals. These statutes, usually dating back to the 1800’s, have generally been held by courts to cover only agricultural animals that have escaped their pens or pastures. Illinois’ provisions under the Estrays and Lost Property Act illustrate this distinction. The estray provisions of the Act state that “Any horses, mules, asses, cattle, swine, sheep or goats found straying, the owner thereof being unknown, may be taken up as estrays in the same manner as provided for lost goods.” IL 765 I.L.C.S. 1020/1, IL ST CH 765 § 1020/1. It is highly unlikely that a court would expand these antiquated statutes to include domestic cats and dogs.

www.animallaw.info/articles/ovuslostdog.htm

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I have to confirm what Jetx told you. Illinois statutes specifcally disinclude pets. There is no such law in ANY state. Two states sort of adress this topic, but certainly not as in depth as you claim Illinois does.

Having said that, even if Illinois did have the statute that you say, you state that the code actually stated seven BUSINESS days. You had the dog for 5 business days. He would still be within his rights to claim the dog. The only "policy" I could find that in any way alluded to 7 days was if the dog was turned over to the authorites, there is usually a 7 day grace period before the animal is put down.

You have no legal recourse.
 

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