Query
My neighbors referred to as Animal Management as a result of certainly one of my canine was barking quite a bit. Is it authorized for upkeep to let Animal Management into my house with out contacting me? And might Animal Management take my canine with no warrant and with out contacting me to speak to me about these alleged accusations? My neighbors referred to as and in addition informed Animal Management I used to be gone for weeks and nobody got here to take care of my canine which isn’t true. Is {that a} cause for Animal Management to have the ability to be let into my house by upkeep with no warrant?
Massachusetts, USA
Reply
Whereas animal management would sometimes want a search warrant to enter an individual’s residence with out permission, a warrant might not be required in exigent circumstances. Whether or not a selected state of affairs constitutes an exigent circumstance to permit for a warrantless search would rely on the details of every state of affairs and finally can be as much as a court docket to resolve if the search is contested. Landlords and their brokers often should contact the tenant to enter the tenant’s house however, once more, there are exceptions, akin to in emergencies that require fast motion.
Massachusetts courts have addressed this problem. For instance, within the 2014 case of Commonwealth v. Duncan the court docket said: “In gentle of the general public coverage in favor of minimizing animal struggling in all kinds of contexts, allowing warrantless searches to guard nonhuman animal life suits coherently throughout the current emergency support exception to the warrant requirement, meant to facilitate official response to an ‘fast want for help for the safety of life or property.’”
I hope the canine are doing nicely.
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