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CT: Emergency animal welfare entry was unjustified

By John Wesley Hall, Jr.

The emergency search of defendant’s house because of the smell of animal feces was not justified under the Fourth Amendment. The police had been in contact with the defendant before, and, on the day in question, there was a few days of mail, cars parked outside, and dogs barking inside. While there certainly was probable cause for a warrant, there was no showing of an immediate threat. State v. Demarco, 124 Conn. App. 438, 2010 Conn. App. LEXIS 451 (October 12, 2010).* The court found that Cobb had previously had contacts with the defendant as a result of numerous complaints from his neighbors relating to his keeping of dogs, a notice from animal control that was left by Cobb was on the floor on the front porch when Cobb returned ten days later, there was mail overflowing from the mailbox, the defendant's neighbor had not seen him in a few days, the house smelled terribly, there were dogs barking and there were multiple vehicles parked on the premises...continue to full post

Full post as published by Fourth Amendment on October 15, 2010 (boomark / email).