Q: Can the police enter my property without a warrant through a locked gate with no trespass signs in Oklahoma
12 Police climbed over my locked gate at 830am and asked for me to allow their vet to assess my horses. I told them that I work with a 501c3 rescue to rescue refeed and rehome horses from the slaughter pipeline. They lied and said my vet was the one asking the welfare check which I can prove is a lie and that if I didn't allow their vet to look at the horses then they could go get a warrant but then their would be arrests, animal seizures, and court cases. I reluctantly told them fine they could. By the time it was over the sheriff never gave me a copy of the vets assessment and he told me that I had a week to remove 8 of my horses or he would seize them all. I have 22 head on 100 acres. My vet then came out and did her own assessment and said my horses looked just fine. Is their demands legal and what they did legal? What do I do
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A:
It's essential to understand that, generally, police need a warrant to enter private property, but there are exceptions such as emergency situations, immediate threat to life or property, or other exigent circumstances. In Oklahoma, as elsewhere, no-trespassing signs and locked gates typically signify an expectation of privacy. However, if police believe there is an immediate animal welfare issue, they may argue this constitutes an exigent circumstance that allows them to enter without a warrant.
Given your situation, where police entered your property without a warrant and under potentially false pretenses, and subsequently made demands regarding your horses, it's advisable to consult with an attorney experienced in property rights and animal law. They can provide specific advice based on the details of your case, including the legality of the police's actions and any possible responses. Documentation is key, so ensure you have records of all interactions with the police and the assessments made by both vets.
You might also consider reaching out to the 501(c)(3) organization you work with for support and guidance. They may have experience with similar situations or can offer resources. Remember, seeking professional legal counsel can help protect your rights and guide you through the process of resolving this issue.
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