Legal Question in Civil Rights Law in California

Is it Legal for Animal Control to come on to private property, based off of a complaint and call someone out of the property, question them, threaten them with arrest and then finally issue them a ticket for dogs roaming the neighborhood, when said individual has asked the Animal Control officer to leave, and no dogs are visible on said property?

This scenario occured to my brother recently, but the wrinkle in the matter is this. My brother owns no dogs period.

I'm just starting Law School myself, so any penal codes or City ordinances that I might view myself would be appreciated for viewing.


Asked on 1/09/10, 4:09 pm

1 Answer from Attorneys
Frank Pray Employment Law Office of Frank Pray

Congratulations on starting law school. Your first exercise is to use your intellectual ability to research the answer for yourself. One of the endearing and useful qualities of a good lawyer is a love of research--getting to the illusive answer.

Another skill is not to give away too much of your only sellable commodity: your professional time.

My limited response to your technical question is that the officer was acting within his ministerial discretion based on a complaint and duty to investigate. Your brother should simply contest the ticket because he owns no dogs, and so had no duty to restrain dogs.

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Answered on 1/14/10, 6:16 pm


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