How to Respond When a Dog Law Enforcer Comes to Your Home

To help dog owners cope in this era of anti-dog legislation, the American Dog Owners Association has issued advice on reacting to visits by animal control officers and/or police.

Familiarize yourself with your community’s dog laws. Read carefully the details of any licenses you must have before signing; if you have questions get legal advice. Keep your rabies certificates and licenses in a safe place, readily available to you.

The following ADOA tips are legal and based upon your rights under the U.S. Constitution.

PERSONAL INVESTIGATION

If confronted with an official demanding to investigate your property, you should ask to see the badge, get the number, the official’s full name and phone number, supervisor’s name and phone number, the agency represented, reason for the visit, whether there is a complaint, who made it and whether there is a search warrant (which is unlikely). If the answer is “yes,” ask to see it. Do not answer any questions; request they be sent or delivered in writing. Have a notebook handy and write down all answers you get.

If you feel that a search of your home might lead to threatened confiscation or your dog or to a criminal complaint, refuse entry unless the sheriff or police are present with a search warrant. Be polite. Call your attorney immediately.

You do not have to let anyone into your house or onto your property without a properly executed search warrant issued by a judge.

You should not be threatened with seizure of your dog(s) without a court hearing or court order. If threatened get the names of all officials involved. Property seizure without due process is unconstitutional; this should include a court hearing at every step. If officials seize a dog they may not destroy or harm it until a judge rules that you are in violation; this requires a full hearing. If threatened with seizure do not answer any questions and call an attorney immediately. Offer no explanations; what you say will be used against you. Do not volunteer any dogs or other property.

Write down everything that is said and done as it happens. Stay calm and avoid violence.

TELEPHONE INQUIRIES OR THREATS

You may get phone inquiries about the number of dogs you own and whether any dogs or puppies are for sale. If someone claims to be interested in a puppy get the name, address and phone number. Say that you or another responsible breeder will call back at a more convenient time. If the caller seems genuinely interested invite them to see your puppies, but do not say you are selling them and do not quote a price.

If you think the caller represents an official body, get the full name, title, phone number, agency’s name, supervisor’s name, nature of the inquiry, why it is being made and how your name and number were obtained. Ask that all future questions be submitted to you in writing.

If this advice seems to be an over-reaction, remember that dog owners and ethical breeders are increasingly being targeted. Be aware, be cautious and know your rights.