Query
My neighbors referred to as Animal Management as a result of one in all my canines was barking lots. Is it authorized for upkeep to let Animal Management into my condominium with out contacting me? And might Animal Management take my canines with out a warrant and with out contacting me to speak to me about these alleged accusations? My neighbors referred to as and in addition informed Animal Management I used to be gone for weeks and nobody got here to take care of my canines which isn’t true. Is {that a} cause for Animal Management to have the ability to be let into my condominium by upkeep with out a warrant?
Massachusetts, USA
Reply
Whereas animal management would usually want a search warrant to enter an individual’s house with out permission, a warrant will not be required in exigent circumstances. Whether or not a specific state of affairs constitutes an exigent circumstance to permit for a warrantless search would rely on the details of every state of affairs and finally can be as much as a court docket to resolve if the search is contested. Landlords and their brokers often should contact the tenant to enter the tenant’s condominium however, once more, there are exceptions, similar to in emergencies that require instant motion.
Massachusetts courts have addressed this concern. For instance, within the 2014 case of Commonwealth v. Duncan the court docket acknowledged: “In mild of the general public coverage in favor of minimizing animal struggling in all kinds of contexts, allowing warrantless searches to guard nonhuman animal life suits coherently throughout the present emergency help exception to the warrant requirement, meant to facilitate official response to an ‘instant want for help for the safety of life or property.’”
I hope the canines are doing nicely.
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