Thursday, September 11, 2014

Gloucester, VA Animal Control Breaking And Entering? What About "YOUR" Rights? (Part 4)

This story continues to grow more interesting.  We have heard that certain Gloucester officials are running damage control.  Here is the latest information heard.  It is being said that the owners of the car pictured above were paged in Wal Mart.  Well we can tell you that we have witnesses that say no page was ever announced in the store during this situation.  The entire event was witnessed from beginning to end and at every level.  It is also being said as we have heard it, that Ms Dickie was trying to be nice to the dog in the vehicle.  Witnesses say that she was causing the dog to get upset.  She was trying to throw in dog biscuits through the windows of the vehicle to the dog, but the dog kept getting upset with her presence and barking at her for invading it's space.

  (Read part one of this story again and you can see where they got the argument about paging the owners of the vehicle and dog from anyway).  

  Now as we have been saying, this to us is an illegal search and seizure operation.  Here is what state code says about this.

§ 3.2-6564. Complaint of suspected violation; investigation.

A. Upon receiving a complaint of a suspected violation of this chapter, any ordinance enacted pursuant to this chapter or any law for the protection of domestic animals, any animal control officer, law-enforcement officer, or State Veterinarian's representative may, for the purpose of investigating the allegations of the complaint, enter upon, during business hours, any business premises, including any place where animals or animal records are housed or kept, of any dealer, pet shop, groomer, or boarding establishment. Upon receiving a complaint of a suspected violation of any law or ordinance regarding care or treatment of animals or disposal of dead animals, any humane investigator may, for the purpose of investigating the allegations of the complaint, enter upon, during business hours, any business premises, including any place where animals or animal records are housed or kept, of any dealer, pet shop, groomer, or boarding establishment.

Upon obtaining a warrant as provided for in § 3.2-6568, the law-enforcement officer, animal control officer, State Veterinarian's representative, or humane investigator may enter upon any other premises where the animal or animals described in the complaint are housed or kept. Attorneys for the Commonwealth and law-enforcement officials shall provide such assistance as may be required in the conduct of such investigations.

B. If the investigation discloses that a violation of § 3.2-6503 has occurred, the investigating official shall notify the owner or custodian of the complaint and of what action is necessary to comply with this chapter.

Upon "OBTAINING" a warrant.  A Warrant.  There was no warrant in the above situation.

Here is Gloucester County Animal Control Ordinance once again.


Sec. 3-18. Animals in enclosed vehicles.permanent link to this piece of content
It shall be unlawful to leave any animal in a vehicle without the benefit of air conditioning when the outside temperature reaches eighty (80) degrees fahrenheit or greater.
Any person who confines an animal in an unattended vehicle so as to cause the animal to suffer from heat stress, shall be guilty of a Class 1 misdemeanor. The animal control officer or other officer shall have the authority to remove any animal found in an enclosed vehicle that appears to be suffering from heat stress. The animal shall be provided immediate veterinary care. The animal owner or custodian shall be responsible for all expenses incurred during the removal of the animal or its subsequent treatment and impoundment.
In the event that the person responsible for the violation cannot be ascertained, the registered owner of the vehicle, as required byChapter 6 of Title 46.2 of the Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner was the person who committed the violation.

If you look up a violation to 3.2-6503, it states that the violation is only a class 4 misdemeanor.  Why did Gloucester make this a class 1 misdemeanor?  Way to many questions.  Ethics from the county?  ZERO!  

The above link is to the Virginia State Code regarding animals.  We can not find anything in there that gives Gloucester County the right to violate everyone's rights here at all.  If someone can show us where they can, please, by all means do so.  Also, Virginia is a Dillon Rule state.

Here is a link to the Dillon Rule and how it affects every locality in the state and this article comes from the Daily Press.

Your 4th Amendment Rights;

IV) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The above is the law of the land, like it or not.  If your a socialist, move out of the country and infringe on someone else's rights.

The above sign can be found in the following locations.  Tractor Supply, Dollar Tree, and Wal Mart.  Complain about these signs to the store managers and ask that they take them down as they violate your rights.  If they refuse, then refuse to shop in those stores and tell them so.  Anyone think those signs are worth your business?

Complain to the board of supervisors.  Here is their email address.

You can just click on that link above and it will open your email account allowing you to send a quick message to them.  If you are not willing to argue for your rights and freedoms then you deserve neither.

Also, we will point out once again that Laura Dickie was overheard telling the people who had the rented vehicle that she was just about to break the window and take the dog even though the temperature was below 80 degrees as we have already shown in our first post on this issue.  Who is next?  Maybe you?

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