I'm sending along an interesting case that involves a seizure of several dogs from a person purporting to be offering foster care to rescued animals. To say the care was inadequate does a disservice to the concept of inadequacy. A couple of interesting points and questions: the federal courts had little trouble finding sufficient basis for the search and seizure but the case went forward because the underlying criminal case was lost due to an different conclusion and the exclusionary rule. During the "search" pictures were taken of the horrible conditions that were then circulated widely in the community. The court concluded no right of privacy was violated. One other interesting point in this case the Plaintiff asserted a 14th Amendment violation in the seizure of some of the dogs and the court distinguished that claim by concluding that it is the 4th Amendment, not the 14th which governs a seizure for criminal prosecutions and therefor no 14th Amendment claim can lie. King vs. Montgomery County, TN http://www.opn.ca6.uscourts.gov/opinions.pdf/20a0001n-06.pdf
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Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.
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