quincy
Senior Member
The fact that it "happens with some frequency" might be the issue that has been bothering me a bit and perhaps tranquility touched on this in his post when he said, "We can argue if the fenced in back yard is part of the curtilage or not."Same issue applies, though. No search warrant, exigency, consent or other exception, no entry.
Not in CA they cannot! Not without exigent circumstances! I know it tends to happen with some frequency, but that's largely because they don't tend to train ACO folks on such legalities, and this, in turn, can result in liability and muck up any criminal cases they might try and pursue.
I know the law (even cited it and provided case law), but the animal control ordinances that I have run across in California appear to be worded in a way that violate federal and state laws. I am wondering if these ordinances have been challenged as unconstitutional - and if not, why not.
(NOT that I want this thread to continue for another 6 pages to address my curiosity - I don't care THAT much about it )
(oh, yikes. I just noticed I made this a 7 page thread ... sorry about that)
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