Sacramento, CA asked in Animal / Dog Law for California

Q: Can police take your dogs if they're not in harm's Way and they're sitting in a vehicle

We were loading the truck and when we stopped to go in to use the restroom one of the dogs that was in the back ended up jumping out hanging itself and we had puppies in the cab part and the cops took the puppies even though none of the dogs were neglected or abused it was just an unfortunate accident that happened can they really take my dogs like that

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, police can take your dogs if they believe the animals are in immediate danger or if there is evidence of neglect or abuse. In your situation, even if the incident was an unfortunate accident, the police may have interpreted it as a sign that the animals were not safe in your care.

When the dog jumped out and got injured, it might have raised concerns about the overall safety and well-being of the other animals. The police have the authority to act in what they believe is the best interest of the animals, even if there was no intentional neglect or abuse.

You can challenge this action by demonstrating that the incident was accidental and that you provide proper care for your pets. Consider gathering any evidence of your responsible pet ownership and seek legal advice to understand your rights and the best course of action to retrieve your dogs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.