Court ruling extends search exception to animal rescues

LYNN – Police did not need a search warrant to rescue a freezing dog from a local yard in 2011, the state?s top justices ruled Friday in a decision applauded by animal rights organizations.?In Massachusetts, law enforcement officers can now act, even in the absence of a search warrant, to save the life of an animal if they believe that animal is in imminent danger,” stated Rob Halpin, a spokesman for the Massachusetts Society for the Prevention of Cruelty to Animals.According to a statement released by District Attorney Jonathan Blodgett?s office, Heather Duncan faced animal cruelty charges after police officers entered her yard on Jan. 8, 2011 and found two dogs dead in the front yard and a third severely malnourished.Action by police prompted Duncan?s attorney, according to the statement, to file a motion to suppress evidence “gathered as a result of the warrantless search.” A lower court judge granted the motion but sent it to Supreme Judicial Court justices for review to determine if, according to the statement, an “emergency exception” to search warrant rules applied in the case of public safety officials saving an endangered animal.?This ruling makes clear that police may respond to an emergency in which an animal requires immediate protection or is in imminent danger of physical harm,” Blodgett stated.California-based Animal Legal Defense Fund joined other animal rights organizations in supporting the “emergency exception” for animals.?The court stated in this case that when animals are dying, it is not unreasonable for law enforcement to go in to save the animal?s life,” said Fund spokesman Scott Heiser. “We are very pleased with the outcome.”The priority in animal abuse cases is saving the animal?s life, said Beverly Alba, founder of Massachusetts Progressive Animal Watchdog Society, Inc. She said abuse cases occur for a variety of reasons, including mental illness, domestic violence, home foreclosures and other examples.?They usually tell you they loved the animal but couldn?t care for it,” Alba said.The Duncan case is scheduled to return to Lynn District Court for trial, according to the DA?s statement.