The Fourth Amendment of the Constitution of the United States of America states that, “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.” While open fields are not protected by the Fourth Amendment, the curtilage, or outdoor area immediately surrounding the home, may be protected. Courts have treated this area as an extension of the house and as such subject to all the privacy protections afforded a person’s home (unlike a person’s open fields) under the Fourth Amendment. An area is curtilage if it “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” However, this right is being manipulated by animal right’s extremist groups in legislation they have pushed and are continuing to push in a number of states across the country. Gary Dassinger, a rancher in North Dakota last year suffered a great injustice over an “Open Field Doctrine” that was originally pushed by HSUS. The North Dakota legislation allows for intrusion on property regardless of fencing or “no trespassing” signs. In North Dakota these lands have been excluded from the fourth amendment rights and expectation of privacy isn’t considered reasonable nor legitimate. The over-reaching doctrine allows for an actionable claim to be made, against a person for animal abuse and neglect, by anyone. This includes someone from out of state who has never been on the property. As the law reads, there is no liability for the accuser and the State’s Attorney can seize animals, write up a bill of sale and arrange for the animals to be sold to other parties, all without having to notify the owner and without holding a hearing. Under the law, Title 36, Livestock. Chapter 36-21.1. Humane Treatment of Animals, a claim can be made against any person and they will automatically be considered guilty without the opportunity to prove their innocence. The law was purposely left vague and puts all animal owners at risk...MORE
1 comment:
More of the un-elected making rules and laws for the electorate. Enough of that. Get rid of the rule makers once and for all which take private property without the exercise of law. Vote out those who let this happen. Vote in common sense folks who will put all of this junk in file 13. It's the demoncrats who want to styme the legitimate occupancy of land and the ownership of animals. They had to get rid of their slaves and want to make us slaves to them now. Don't stand for it!
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