WHAT TO DO WHEN ANIMAL CONTROL COMES KNOCKING 

by George J. Eigenhauser Jr. 
(Mr Eigenhauser is an attorney at law licensed in the State of California 
since 1979 and practices in the areas of civil litigation and estate planning) 

ANTI-DOG ENFORCEMENT 

What Every Dog Owner Needs to Know: 

Dog owners and ethical breeders are increasingly being targeted. Disgruntled neighbors may 
retaliate against dog owners, and many other reasons drive complaints and anti-dog enforcement 
action, which many times may be conducted illegally. The following text outlines methods of 
inquiry and enforcement that may be used by local officials in an attempt to enforce ordinances in 
your community and suggested techniques of response. These techniques are entirely legal and 
based upon the rights of citizens as stated by the US Constitution. No breeder or rescuer wants to 
have Animal Control come knocking on the door ... but, if they do, it will help if you know what 
your options are. Remember, Animal Control is law enforcement. They are bound by the same 
Constitution as any other government agency. To protect yourself, you need to know your rights. 
These vary slightly one jurisdiction to another, but some general principles apply. One rule applies 
everywhere: NEVER physically resist an officer. 

When Animal Control is At Your Door: 

1. Do not let them in, no matter how much they ask. Animal Control generally cannot enter your 
home without a warrant, or without your permission. While regular police can enter in emergency 
situations when human life is at risk (i.e., they hear gunshots or a scream inside), there are few, if 
any, situations in which Animal Control can enter your home without a warrant. Simply tell them 
(very politely) they may not come in. 
2. If you let them in, anything they find in "plain sight" can be used against you. In some 
circumstances, Animal Control officers , unable to find a legitimate reason to make an arrest, have 
reported building or zoning violations. This may include caging you attached to a wall without a 
building permit, that extra outlet in the puppy room, having more pets than allowed by zoning, even 
extension cords in violation of fire codes! No matter how clean your kennel, if they want to find 
a violation ... they will. 
3. Do not talk to them from an open doorway. Step outside and close (lock it, if possible) the 
door behind you. This is necessary because: 
A) Anything they see through the open door is in "plain sight" and may be the basis for an 
arrest or probable cause for a search warrant. 

B) If they make an arrest or even feel threatened, they are usually permitted to search for 
weapons in your immediate area. Do you keep a baseball bat behind the front door for your 
protection? Even if you don't, once they step inside to look, they are in your home and may 
continue to search. 

C) It is hard not to be intimidated by someone in authority. Some animal control is even done 
by local police, who carry guns. It is easy for them to get "in your face", causing you to back up 
into your home. Once you go in, it will be interpreted as an invitation to follow. 


4. If they claim to have a warrant, demand to see it. In general, a search warrant must be signed 
by a judge. A warrant to search your home for dogs does NOT include an inventory of your jewelry 
box. A warrant to search your kennel in the garage or in the barn does not include a search of your 
home. 
5. In some locations, dog owners may have obtained special "breeder or rescue permits" that 
stipulate that Animal Control has your permission to enter your kennel at any time. If you have 
signed such a permit, they still cannot enter against your wishes since you can revoke permission 
at any time. However, if you refuse permission, it may allow them to cancel your permit, so you 
have to weigh the consequences. 
6. WARNING -- anyone in lawful possession of the premises may be able to give permission 
for a search. Make sure your roommate, babysitter, dog sitter, housekeeper, etc. know they should 
NEVER let animal control into your home or on your property (i.e., backyard, garage, barn, etc.). 
How to Handle Questions: 

1. Don't answer any questions beyond identifying yourself for the officer. Anything you say to the 
officer in your defense cannot be used in court (hearsay). Anything you say that is harmful to you 
will be used in court (confessions are not considered hearsay). You cannot win except by remaining 
silent. 
2. Be polite, but firm. Do not argue, bad-mouth, curse, threaten, or try to intimidate the officer. 
3 Do not lie to an officer; however, it is NOT a lie to exercise your right to remain silent. 

4. Keep your hands in plain sight. People have been shot by police when common objects, such as 
a wallet, were mistaken for a gun. 
5. Do not touch the officer in any way. Do not physically resist an officer, no matter how unlawful 
his or her actions. 
6. Don't try to tell your side of the story; it cannot help. 
7. Do not threaten the officer that you plan to file a complaint for their actions. 
8. If the questioning persists, demand to speak to a lawyer first. Repeat as necessary. 
Gathering The Facts: 

1. Get the name and badge number of each officer involved. If he/she does not volunteer this 
information, ask. 
2. Ask the name of the agency they represent. Different agencies have different enforcement 
responsibilities. 
3. Ask why they are there. Request factual basis of the complaint and complainant's identity. 
4. If they have other people with them (HSUS, press, etc.), get names and organizations for all 
present. 


5. Note names & addresses of any witnesses to the encounter. 
6. If you are physically injured by an officer, take photographs of injuries immediately, but do not 
forego proper medical treatment as soon as possible. 
7. Write down all information, as well as date and time of incident, immediately while details are 
still fresh in your mind. 
8. If your rights are violated, file a complaint with the appropriate body. 
If You Are Arrested: 

1. REMAIN SILENT -- answer no questions until you have consulted with a lawyer. 
2. DON'T EXPLAIN ANYTHING -- you will have time for explanations after you talk to your 
lawyer. 
3. They must allow you a phone call (for calling a lawyer or to arrange bail) within a reasonable 
amount of time. They are NOT allowed to listen to your phone call to your attorney, but may 
"monitor" the rooms for "your protection". Do not say anything you do not want overheard; save 
that until after you are out on bail. 
Telephone Inquiries or Threats: 

You may receive telephone inquiries concerning the number of dogs you own and whether any dogs 
or puppies are for sale. 

Other questions may also be asked. Your response should be to inquire "Are you interested in a 
puppy?". If the answer is "yes", ask for the person's name and phone number. Suggest that you or 
a responsible breeder will contact that person at a more convenient time for you. 

If the answer is friendly and genuinely inquisitive, invite the person to look at your puppies. 

If you are asked, "What is the price of your pups?", simply say that puppies of this breed are being 
sold for between "X" and "Y" dollars. NEVER say that you are selling them. 

If you are asked, "Are these your puppies?", you should ask, "Why do you want to know?" 

If conversation indicates the person represents County Clerk's Office or other official body, ask for: 

--- Full name, title & phone number 
--- Agency's full name and address 
--- Supervisor's full name and phone number 
--- Nature of inquiry (what it is about) 
--- Why the inquiry is being made 
--- How your name and phone number were obtained 
--- Ask that all future questions from that agency be submitted in writing 


Preventative Measures: 

1. Always keep your kennel clean and take good care of your animals. 
2. Consider a PO Box or other address for business cards and advertisements. Keep descriptions 
of your location general (i.e., Southern California, rather than the name of the city where you live). 
The internet can provide anonymity for initial contacts. You can even buy a "remote prefix" to get 
a number from a nearby community forwarded to your phone or to a voice mail. Avoid local 
newspaper classifieds, they are often monitored. 
3. Screen any potential puppy buyers carefully. Always be alert that they may be Animal Control 
or even Animal Rights working under cover. 
4. Don't allow strangers into your home until you have screened them. 
5. Be fair and honest in all of your dealings, and be on good terms with your neighbors. Most 
animal control contacts are complaint-driven. Some complaints may arise as harassment by people 
with unrelated grievances against you. It may be a disgruntled dog buyer or a cranky neighbor who 
does not like you parking in front of his house. 
6. Anything about you that can be observed in "plain sight" from the street or sidewalk can become 
probable cause for a warrant. Even areas on your property open to visitors can be dangerous. Be 
aware of which areas of your home and property are visible from the outside and plan accordingly. 
7. If you are confronted by Animal Control and turn them away, assume they will be back. Use the 
time available to make sure everything is clean and presentable. If you are over the limit on the 
number of pets, find friends who can provide temporary shelter for your dogs. 
Whatever you do, stay calm and keep your wits about you. 

Just say "NO", no matter what threats or promises of leniency they make. 

When in doubt, SAY NOTHING, and speak to a lawyer ASAP. 

Permission to reprint and crosspost is granted. 
From ADOA Newsletter, June 2008