I'm going to chime in here regarding Melissa Dickerson's post about CA
ferrets, something I don't usually do on this forum since flaming is
common and a waste of my time. Unfortunately, that means I often scroll
quickly through posts looking for important things and I sometimes miss
stuff. Too bad really.
As an active legalization advocate in California, and having extensive
criminal law background, I do feel the need to clear up some
misinformation. I've seen on several ferret web sites information about
knowing your rights and what to do if law enforcement/DF&G show up at
your door with a warrant. You DO NOT have the right to hold up service
of the warrant to wait for your attorney to arrive and go over it. If
an officer comes to your door with a warrant, and you don't answer the
door, they have every right to break that door in, enter, secure the
occupants (usually with handcuffs) and search.
Furthermore, don't think that you will get to see the probable cause
for the warrant, that is, not until your lawyer gets a hold of the
report. By that time, your ferret is long gone. The only part of the
warrant you will see, and that the officers are obligated to give
you, is the part signed by the judge that simply says the officer has
probable cause to believe a crime is being committed, and describing
the property to be searched, and the persons or things to be seized.
That and a receipt for whatever they remove from your home. Period.
It is a fact that if an officer does not have a warrant, you are not
required to let them in your home. Politely tell them no if they ask.
And to the question, "Ma'am/Sir, do you have ferrets inside this
residence".obviously, the answer is no. When they leave.get everyone
out. I shouldn't have to remind any ferret owner in California to have
a back up plan for your ferrets. That is just common sense. I don't let
anyone in my home, including officers I have known for years. I step
outside to talk to them. It is rare that anyone is invited into my
home. And it chaps my hide that I have to live this way simply because
of my choice of domestic pet and California bureaucracy.
For Ms. Dickerson, I understand your rationale for taking your ferrets
out completely. May I make a suggestion in compromise, carry pictures
of your fuzzy ones. No pictures with human faces of course, but lots of
pictures of your fuzzies in cute, lovable poses and actions. I educate
many people this way. Sure, it's not as effective as showing these
sweet companion animals off.but it is safer for you and your beloved
pets. Just one word of caution, irrational people don't have to follow
you home to report you.they only need your license plate number to
give to law enforcement.
It is not my intention to create paranoia in Californian's, because
paranoia is what drives people underground and nothing or no one is
benefited by fear and inaction. I do strongly urge caution and common
sense in dealing with the issue. And for heaven's sake, DO know your
rights and DO stand up for those rights. Stop hiding and stop waiting
for someone else to do all the work. For anyone on this forum who is
actively fighting for their rights and to maintain their bond with
their beloved pet, you have my utmost respect.
If you have questions or comments about what I post, please feel free
to email me at [log in to unmask] Save the flames though. I
don't have time for it.
Peace.
Bonnie
[Posted in FML 5543]
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