Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| State v. Hershey | 401 P.3d 256 ( Or. Ct. App.,2017) | 286 Or.App. 824 , 2017 WL 3045807 | In this Oregon case, defendant appeals his conviction of first-degree animal neglect. Specifically, defendant argues the denial of his motion to suppress evidence was erroneous. The evidence was obtained when the local sheriff (Glerup) entered defendant's property to administer emergency aid to defendant's cattle. During testimony in the motion to suppress, Glerup testified that he first received a call from defendant's neighbors who reported that the cattle appeared to be "starving." That neighbor even called defendant, who assured her that the cattle "were okay" and being cared for by a hired person. Sheriff Glerup called that individual who stated he had not been hired and defendant had been gone a week. The sheriff subsequently received a call that the cattle were in need of immediate aid and in poor condition. These conditions prompted the warrantless search. On appeal, defendant argues that the trial court erroneously denied his motion to suppress where the state failed to establish that the warrantless entry was justified under an exception to the warrant requirement. In doing so, defendant contends that the case establishing that the emergency aid doctrine applies to animals (Fessenden) was wrongly decided. This argument was dispensed by the court because it was not properly preserved at trial. Alternatively, defendant argues that the state failed to satisfy the requirements for the emergency aid exception. In reviewing defendant's claim, the court noted that in Fessenden, the emergency aid doctrine justifies warrantless activity, “when law enforcement officers have an objectively reasonable belief, based on articulable facts, that the search or seizure is necessary to render immediate aid or assistance to animals . . ." In this case, the court found that the officer's belief that immediate aid was necessary where the cattle appeared to be "near death" was reasonable. Thus, the trial court did not err when it denied defendant's motion to suppress; defendant's conviction was affirmed. | Case | |
| Kollman Ramos v. U.S. Dept. Of Agr. | 322 Fed.Appx. 814 (C.A.11) | Slip Copy, 2009 WL 922661 (C.A.11) |
Petitioner sought to have the United States Court of Appeals, Eleventh Circuit, set aside a Default Decision and Order of a United States Department of Agriculture Judicial Officer concluding that Petitioner had willfully violated multiple provisions of the AWA, including knowingly operating as a dealer without a license by delivering for transportation, or transporting, two lions for exhibition without a valid license to do so, causing injury to two lions that resulted in the death of one of the lions, and lying to investigators about Petitioner’s actions. The Court affirmed the Judicial Officer’s Decision and Order, finding, among other things, that the USDA did not err in concluding that Petitioner failed to admit or deny any material allegations in the complaint and was thus deemed to have admitted all allegations, the Judicial Officer did not abuse his discretion by revoking Petitioner’s AWA license on a finding of willfulness, and that that the Judicial Officer’s Decision and Order did not violate fundamental principles of fairness as embodied in the Fifth Amendment of the United States Constitution, the Administrative Procedures Act, the Animal Welfare Act, and the USDA’s rules. |
Case | |
| United States v. Hess | 829 F.3d 700 (8th Cir. 2016) | 2016 WL 3878221 (8th Cir.,2016) | This case stems from a United States Fish and Wildlife Service's investigation into illegal trafficking of rhinoceros horns and ivory called "Operation Crash." Defendant James Hess, a taxidermist in Maquoketa, Iowa, agreed to sell a pair of lack rhinoceros horns in 2011 to another individual involved in the trafficking operation. As a result of his role, he was charged with one count of Lacey Act Trafficking for knowingly engaging in conduct involving the sale and purchase of wildlife with a market value exceeding $350 that was transported and sold in violation of the Endangered Species Act. Hess was ultimately sentenced to 27 months in prison followed by three years of supervised release. On appeal, Hess first argued that the District Court made an “unsustainable finding on the record presented” when it stated that Hess "helped establish a market for these black rhino horns, and that is a serious offense against the planet." Because Hess failed to object at sentencing, this issue was reviewed for plain error. This court found no plain error, as the record supported the statement that Hess' action contributed to furthering a market for black rhinoceros horns. As to defendant's argument that his sentence was unreasonable, the court found that he failed to overcome the presumption of reasonableness in his bottom of the guidelines sentencing range. The judgment of the district court was affirmed. | Case | |
| US - Marine Mammals - Preventing Harassment From Human Activities Directed at Marine Mammals in the Wild | 2002 WL 111193 (F.R.) | Docket No. 020103001 |
NMFS is considering whether to propose regulations to protect marine mammals in the wild from human activities that are directed at the animals and that have the potential to harass the animals. Some of these activities include feeding wild marine mammals, and "Swim-With" programs. |
Administrative | |
| MT - Exotic Pets - Sub-chapter 22. Exotic Wildlife | Mont.Admin.R. 12.6.2201 - 2230 | MT ADC 12.6.2201 - 2230 | These Montana regulations provide the requirements for care and housing of exotic wildlife. The list of noncontrolled species and prohibited species is also provided. | Administrative | |
| ME - Veterinary - Title 32. Professions and Occupations. | 32 M. R. S. A. § 4851 - 4879 | ME ST T. 32 § 4851 - 4879 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| US - Food Animal - Twenty Eight Hour Law | 49 USC 80502 | This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food. | Statute | ||
| Save the Pine Bush, Inc. v. Common Council of City of Albany | 56 A.D.3d 32, 865 N.Y.S.2d 365 (N.Y.A.D. 3 Dept.,2008) | 2008 WL 4500223 (N.Y.A.D. 3 Dept.), 2008 N.Y. Slip Op. 07703 |
An Organization dedicated to the protection of the Karner Blue Butterfly and other species that live in an area of land used as a nature preserve brought challenge against the City Common Council’s; (“Council”) approval of a Developer’s rezoning application for the land. The Supreme Court, Appellate Division, Third Department, New York, held that the Organization had standing to bring suit, because the Organization showed the existence of an actual injury different from that of the general public, due to the Organization’s regular use of the preserve, at least one member’s nearby residency to the preserve, and the Organization’s historic involvement in the protection and preservation of the preserve. (2010 - Order Reversed by Save the Pine Bush, Inc. v. Common Council of City of Albany, 13 N.Y.3d 297, 918 N.E.2d 917, 890 N.Y.S.2d 405, 2009 N.Y. Slip Op. 07667 (N.Y. Oct 27, 2009) (NO. 134)). |
Case | |
| People v. Land | 955 N.E.2d 538 (Ill.App. 1 Dist., 2011) | 2011 WL 2555826 (Ill.App. 1 Dist.); 2011 IL App (1st) 101048 (2011) |
In 2009, Jenell Land was found guilty by jury of aggravated cruelty to a companion animal, a Class 4 felony under Illinois’ Humane Care for Animals Act. Specifically, Land placed a towing chain around the neck of her pit bull, which caused a large, gaping hole to form in the dog’s neck (the dog was later euthanized). The Appellate Court of Illinois affirmed the defendant’s conviction and, in so doing, rejected each of Land’s four substantive arguments on appeal. Among the arguments raised, the appellate court found that the trial court’s failure to instruct the jury that the State had to prove a specific intent by Land to injure her dog did not rise to the level of "plain error." |
Case | |
| Expte. N° HC-656/21 - Habeas Corpus en favor del Tortugo Jorge | Expte. N° HC-656/21 | Jorge is an 80-year-old turtle living in the Municipal Aquarium of Medoza, Argentina. In 2021, three animal lawyers filed a habeas corpus on behalf of Jorge, arguing a violation of the turtle’s right to his locomotive freedom and a violation of Mendoza’s law 7.887, 2018, which prohibits the exhibit of animals in circuses or other events. The lawyers stated that Jorge had to be relocated to a more natural environment where he could live the last years of his life, raising concerns for his age and health. After learning that the government is turning the aquarium into a biodiversity center and after consulting with several experts, the tribunal denied the Habeas Corpus as it found the controversy was moot. It also rejected the idea of releasing Jorge into the wild. However, it is important to mention that the tribunal did not oppose his relocation into a sanctuary so long as his physical integrity was protected. | Case |