Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Com. v. Erickson | 905 N.E.2d 127 (Mass.App.Ct.,2009) | 74 Mass.App.Ct. 172 (Mass.App.Ct.,2009) |
In this Massachusetts case, the defendant was found guilty of six counts of animal cruelty involving one dog and five cats after a bench trial. On appeal, defendant challenged the warrantless entry into her apartment and argued that the judge erred when he failed to grant her motion to suppress the evidence gathered in the search. The Court of Appeals found no error where the search was justified under the "emergency exception" to the warrant requirement. The court found that the officer was justified to enter where the smell emanating from the apartment led him to believe that someone might be dead inside. The court was not persuaded by defendant's argument that, once the officer saw the dog feces covering the apartment that was the source of the smell, it was then objectively unreasonable for him to conclude the smell was caused by a dead body. "The argument ignores the reality that there were in fact dead bodies in the apartment, not merely dog feces, to say nothing of the additional odor caused by the blood, cat urine, and cat feces that were also found." |
Case | |
| KY - Impound - Chapter 258. Animal Control and Protection. | KRS § 258.265 | KY ST § 258.265 | This Kentucky statute provides that an owner shall exercise proper care and control of his dog to prevent the dog from violating any local government nuisance ordinance. Any peace officer or animal control officer may seize or destroy any dog found running at large between the hours of sunset and sunrise and unaccompanied and not under the control of its owner or handler. A peace officer or animal control officer shall be under a duty to make a fair and reasonable effort to determine whether any dog found at large between sunset and sunrise is a hound or other hunting dog which has become lost temporarily. | Statute | |
| NY - Horse Racing - Section 4002.21. License requirements for assistant trainer | 9 NY ADC 4002.21 | 9 NYCRR 4002.21 | An assistant trainer's license may be issued to a person who is 18 years old, has three years of experience, is vouched for by the trainer by whom he or she is to be employed, and passes a written exam (or oral) and a practical exam. | Administrative | |
| People v. Meadows | 54 Misc. 3d 697, 46 N.Y.S.3d 843 (N.Y. City Ct. 2016), rev'd, No. 17-AP-002, 2017 WL 4367065 (N.Y. Co. Ct. Aug. 3, 2017) | 2016 N.Y. Slip Op. 26405, 2016 WL 7165826 |
Defendant Amber Meadows allegedly neglected to provide dogs Athena, Buddy, and Meeko, with air, food, and water, and confined them in a bedroom where feces was found on the floor and furniture. Meadows was prosecuted for three counts of the unclassified misdemeanor of failure to provide proper food and drink to an impounded animal in violation of § 356 of the Agriculture and Markets Law (AML). Meadows moved to dismiss the Information as facially insufficient and stated that the Supporting Deposition indicated that the dogs were “in good condition.” The People of the State of New York argued that the allegations in both the Information and Deposition, taken together, provide a sufficient basis to establish the elements of the crime. The Canandaigua City Court, Ontario County, held that: (1) “impounded” as stated in § 356 of the Agriculture and Markets Law does not apply to individual persons, and (2) even if the statute applied to individual persons, the allegations in the Information were not facially sufficient. The court reasoned § 356 does not apply to individual persons, but instead applies only to “pounds” operated by not-for-profit organizations, or kennels where animals are confined for hire. The court also stated that even if § 356 were to apply to individuals, under no construction of the facts here could the charge be sustained, as it appeared that the animals were properly cared for in the Defendant's apartment up to the point where she was forcibly detained. The conditions observed by law enforcement authorities on the date alleged in the Information were apparently several days after Meadow's incarceration and after which she was unsuccessful in securing assistance for the dogs while incarcerated. The Information was dismissed with prejudice, and the People's application for leave to file an amended or superseding Information was denied. |
Case | |
| Arguello v. Behmke | 2006 WL 205097 (N.J.Super.Ch.,2006) (not reported in A.2d) |
The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time. |
Case | ||
| Chavez v. Aber | 122 F. Supp. 3d 581 (W.D. Tex. 2015) | 2015 WL 4724807 (W.D. Tex., 2015) | Plaintiffs sought damages stemming from Defendants' refusal to accommodate Plaintiffs’ minor son's mental health disabilities by allowing Plaintiffs to keep a mixed-breed pit bull as an emotional support animal in their rented duplex. Plaintiffs asserted (1) housing discrimination under the Federal Housing Act (“FHA”), (2) unlawful retaliation under the FHA, (3) discrimination under the Texas Fair Housing Act (“TFHA”), and (4) unlawful retaliation under § 92.331 of the Texas Property Code. Defendants filed the Motion, seeking dismissal of the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The court found Plaintiffs had adequately pleaded all claims and denied the Defendant’s motion to dismiss. | Case | |
| People v. Flores | 2007 WL 1683610 (Cal. App. 4 Dist.) | Not Reported in Cal.Rptr.3d |
Defendants were tried for allegedly invading an eighty-year-old woman's home and stealing, at gun point, and holding ransom eight seven-week-old puppies and two adult female Yorkshire terriers which she bred for the American Kennel Club for about $3,000 each. The jury held the defendants responsible for 18 counts of various crimes, including robbery, grand theft dog, elder abuse, conspiracy and cruelty to animals, inter alia. The appellate court reversed the counts of grand theft dog which were improperly based on the same conduct as the robbery conviction, reduced the sentence on the counts for abuse of an elder, and otherwise found no additional errors. |
Case | |
| MN - Dog - Consolidated Dog Laws | M. S. A. 35.67 - 71; 97A.321, 97B.001 - 621; 135A.191; 325F.79-792; 346.01-58; 347.01-56; 365.10; 366.01; § 609.226 | MN ST 35.67 - 71; 97A.321, 97B.001 - 621; 135A.191; 325F.79-792; 346.01-58; 347.01-56; 365.10; 366.01 | These statutes comprise Minnesota's relevant dog laws. Among the provisions include several laws related to natural resources protection and hunting with dogs, the sale of dogs, and laws related to damage done by dogs. | Statute | |
| Hawaii v. Kaneakua | 597 P.2d 590 (Haw. 1979) |
Defendants stipulated that they were involved in cockfights and were prosecuted for numerous violations of § 1109(1)(d), part of Hawaii's cruelty to animals statute. The reviewing court found that the statute was not vague, and was sufficiently definite to satisfy due process with regard to the charge against defendants; nor was the statute overly broad as applied to defendants. |
Case | ||
| HI - Trusts for domestic or pet animals. - [§ 554D-408]. Trust for care of animal | H R S § 554D-408 | HI ST § 554D-408 | This statute represents Hawaii's pet trust law (note: this new section replaces former H.R.S. § 560:7-501). A trust for the care of one or more designated domestic or pet animals shall be valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this section, to presume against the precatory or honorary nature of its disposition, and to carry out the general intent of the transferor. Extrinsic evidence shall be admissible in determining the transferor's intent. | Statute |