Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| McCall v. State | 540 S.W.2d 717 (Tex. Crim. App. 1976). |
Open fields doctrine; warrantless seizure. It was not unreasonable for humane society members to enter defendant's land and seize dogs where the dogs were kept in an open field clearly in view of neighbors and others, and where it was apparent that the dogs were emaciated and not properly cared for. |
Case | ||
| IL - Restaurant - 5/11-20-14. Companion dogs; restaurants | 65 ILCS 5/11-20-14 | IL ST CH 65 § 5/11-20-14 | This law provides that a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with other Illinois health laws. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. Under this law, "companion dog" means a dog other than one who is assisting a person with disability. | Statute | |
| Slavin v. US | 403 F.3d 522 (8th Cir. 2005) |
Plaintiff challenged the constitutionality of the Animal Welfare Act after it created a regulation that prohibited the interstate or foreign commerce transport of birds that would be used in fighting ventures. She argued that the regulators did not consider whether fighting ventures were legal in the state where the birds were being transported to. However, the regulation was considered constitutional since under terms of section 2156(b), only the foreign and interstate transport of the birds was prohibited. |
Case | ||
| People v. Tohom | 969 N.Y.S.2d 123 (N.Y.A.D. 2 Dept.,2013) | 109 A.D.3d 253; 2013 WL 3455673 (N.Y.A.D. 2 Dept.); 2013 N.Y. Slip Op. 05234 |
This case, as a matter of first impression, considers whether a trial court was authorized to allow a "therapeutic comfort dog" to be present on witness stand for a 15-year-old-girl who was the victim in a predatory sexual assault and child endangerment case. Prosecutors sought to allow a Golden Retriever named Rose to accompany the child on the witness stand while she testified at the defendant’s trial. Prosecutors cited Criminal Procedure Law provisions regarding special witnesses and pointed to Executive Law §642-a, which allows a person supportive of a special witness to be “present and accessible” during testimony by such a witness. On appeal, defendant again argued that the dog would prejudice the jury against the defendant and would convey to the jury that the witness was under stress as a result of testifying and that this stress resulted from telling the truth. In finding that the comfort dog did not violate defendant's right to a fair trial, the appellate court agreed that the trial court's interpretation of Executive Law § 642-a "special witness" provision was correct. Further, the defendant failed to show that the dog Rose's presence was inherently prejudicial. |
Case | |
| US - Assistance animals, housing - Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs | FHEO Notice: FHEO-2013-01 | This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal” under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504. | Administrative | ||
| MN - Humane Slaughter - Chapter 31. Food. Slaughter of Livestock | M.S.A. § 31.59 - 31.592 | MN ST § 31.59 - 31.592 | This section comprises Minnesota's humane slaughter laws. The law requires humane slaughter of livestock, defined as any method of slaughtering livestock which normally causes animals to be rendered insensible to pain by a single blow of a mechanical instrument or shot of a firearm or by chemical, or other means that are rapid and effective; or by methods of preparation necessary to Halal ritual slaughter, Jewish ritual slaughter and of slaughtering required by the ritual of the Islamic or Jewish faith. "Livestock" under this act is limited to cattle, horses, swine, sheep and goats. | Statute | |
| HI - Therapy animals - [§ 323-51]. Animal therapy | H R S § 323-51 | HI ST § 323-51 | This Hawaii law allows common household pets to be brought into long term health care facilities for the purpose of visiting patients. The institution can determine the rules for visitation. It also may require the animal owner o produce written documentation from a veterinarian attesting to the animal's good health. | Statute | |
| A night monkey's corpse after necropsy | Slideshow Images | ||||
| TN - Wildlife - Chapter 1660-01-15 Rules and Regulations for Animal Importation. | TN ADC 1660-01-15-.01, .02 | Tenn. Comp. R. & Regs. 1660-01-15-.01 to .02 | These Tennessee regulations outline the guidelines for importing any live wild animal species obtained from outside the State of Tennessee. | Administrative | |
| Lowry v. City of San Diego | 818 F.3d 840 (9th Cir. Apr. 1, 2016) | 2016 WL 1273183 (9th Cir. Apr. 1, 2016) | Plaintiff in this case filed suit against the City of San Diego after she was attacked and bit by one of the police dogs. Lowry alleged that the City’s policy of training its police dogs to “bite and hold” individuals resulted in a violation of her Fourth Amendment rights against unreasonable seizures. The court remanded the case back to the lower court, holding that a reasonable jury could find that the use of the police dog against Lowry was an intrusion on her Fourth Amendment rights. The court maintained that the officers had reason to believe that letting the dog into Lowry’s office “off-lead” had the potential of creating severe harm. The court also noted that Lowry was not attempting to evade or resist arrest and therefore letting the dog “off-lead” may not have been reasonable. Reversed and remanded for further proceedings. | Case |