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Criminal Law

: Fourth Amendment

Cal.2: Live animals in distress is an exigent circumstance

By John Wesley Hall, Jr.

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A live animal in obvious distress, as reported to police, justified a warrantless entry into defendant’s apartment when the officers independently developed reason to believe there was a hurt dog in defendant’s condominium after defendant answered the door. There is a long history in American life of animal welfare. See United States v. Stevens (SCOTUS, April 10, 2010) (“‘the prohibition of animal cruelty itself has a long history in American law, starting with the early settlement of the Colonies.’”). California’s animal welfare statute was passed in 1872. Exigent circumstances justified the entry under the Fourth Amendment, and exigent circumstances are not limited to people in distress. Other states are in accord: People v...continue to full post

Full post as published by Fourth Amendment on June 07, 2010 (boomark / email).

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