Results
| Title | Citation | Alternate 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 |
| DE - Dogs - Consolidated Dog Laws | 16 Del.C. § 3041F - 3059F; 7 Del.C. § 570; 7 Del.C. § 1701 - 1708; 22 Del.C. § 116; 29 Del.C. § 327 | These statutes comprise Delaware's dog laws. Among the provisions include licensing requirements, laws concerning hunting field trials, and the dangerous dog subchapter. | Statute | |
| U.S. v. Taylor | 585 F.Supp. 393 (D.C. Me. 1984) |
The defendant moved to dismiss the indictment on the ground that Maine section 7613 (related to the importation of fish bait species) places an impermissible burden on interstate commerce in violation of the Commerce Clause of the United States Constitution. While the court noted there is nothing in either the statute or its legislative history which expresses the clear intent of Congress that the Lacey Act Amendments are meant to insulate state legislation from attack under the Commerce Clause, it found that the somewhat unique characteristics associated with Maine's wild fish population, the substantial uncertainties surrounding the effects these organisms have on fish and the unpredictable consequences attending the introduction of exotic species into Maine's wild fish population (including the introduction of fish parasites into the native population), the state clearly has a legitimate and substantial purpose in prohibiting the importation of live bait fish. |
Case | |
| CÓDIGO PENAL PARA EL DISTRITO FEDERAL | CÓDIGO PENAL PARA EL DISTRITO FEDERAL | Animal cruelty against any animal has been considered a crime Under the Criminal Code of Mexico City since 2014. Chapter IV contains the provisions regarding the crimes committed by acts of cruelty or mistreatment against non-human animals. Article 350 BIS establishes that "whoever intentionally mistreats or cruelly acts against any specimen of any animal species causing injury, damage, or alteration in their health will be punished with one to up to three years of imprisonment and three hundred to five hundred times the Units of Measure and Update. In addition, intentional acts of cruelty or mistreatment that cause the death of an animal will be punished with imprisonment from two years to up to six years and six hundred to twelve hundred times the Units of Measure and Update. The penalties will be increased by up to two-thirds in those cases where methods that cause serious suffering to the animal are used prior to the death. Methods that cause serious suffering are understood as all those that lead to non-immediate death and prolong the animal's agony. Using an animal for sexual purposes is punishable with one to three years in prison and five hundred to a thousand times the Units of Measure and Update. Enhanced Penalties: The sanctions stipulated in this article shall be subject to a one-half increase if, in addition to the acts mentioned above, the individual responsible or any other person captures visual evidence with the purpose of publicly disseminating these acts through any means. The same increase applies to the killing of a companion animal for purposes of human consumption." Other articles in this code concerning animals include Article 54. 76, 226 BIS, and 226 TER. | Statute | |
| Animal Law Index Volume 16, Part 2 |
Animal Law Review, Volume 16, Issue 2 (Spring 2010)
INTRODUCTIONINCORPORATING ANIMAL LAW INTO PRIVATE PRACTICE
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Policy | ||
| People for Ethical Treatment of Property Owners v. U.S. Fish and Wildlife | 57 F.Supp.3d 1337 (D. Utah 2014) | Plaintiff People for the Ethical Treatment of Property Owners (“PETPO”) filed the instant lawsuit against United States Fish and Wildlife Service, Daniel M. Ashe, in his official capacity as Director of the United States Fish and Wildlife Service, Noreen Walsh, in her official capacity as Regional Director of the United States Fish and Wildlife Service's Mountain Prairie Region, the United States Department of the Interior, and Sally Jewell, in her official capacity as Secretary of the Interior (collectively “Defendants”), challenging the constitutional authority of the federal government to regulate take of the Utah prairie dog on non-federal land under the Endangered Species Act (“ESA”). Friends of Animals (“FoA”) intervened as a Defendant. The case before the District Court rests on the parties' opposing motions for summary judgment. The District Court found that although the Commerce Clause authorized Congress to do many things, it did not authorize Congress to regulate takes of a purely intrastate species that had no substantial effect on interstate commerce. Congress similarly lacked authority through the Necessary and Proper Clause because the regulation of takes of Utah prairie dogs was not essential or necessary to the ESA's economic scheme. Therefore PETPO's Motion for Summary Judgment was GRANTED, with prejudice; Defendants' Cross–Motion for Summary Judgment was DENIED, with prejudice. Held 50 C.F.R. § 17.40(g) Unconstitutional | Case | |
| IA - Lost Property - Chapter 556F. Lost Property | I. C. A. § 556F.1 - 18 | IA ST § 556F.1 - 18 | This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over." | 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 | |
| CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; | West's Ann. Cal. Penal Code § 597o | CA PENAL § 597o | This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces. | Statute |
| Center for Biological Diversity v. Badgley | 335 F.3d 1097 (C.A.9 (Or.),2003) | 33 Envtl. L. Rep. 20,244, 3 Cal. Daily Op. Serv. 6393, 2003 Daily Journal D.A.R. 8066 |
The Center for Biological Diversity and eighteen other nonprofit organizations appealed the district court's summary judgment in favor of the United States Fish and Wildlife Service. The Center claimed the Secretary of the Interior violated the Endangered Species Act by making an erroneous, arbitrary, and capricious determination that listing the Northern Goshawk (a short-winged, long-tailed hawk that lives in forested regions of higher latitude in the northern hemisphere and is often considered an indicator species) in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted. In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the court found the FWS's decision was not arbitrary or capricious and affirmed the summary disposition. |
Case |