Proud Supporter of Animal Welfare and Fierce Opponent of Animal Rights
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Enforcement
Drafting animal laws and getting them passed by the legislature is only the beginning of the process. Without proper and constitutionally sound enforcement by well trained and ethical law enforcement officers, one has accomplished nothing. The animal rightists will have you believe that enforcement of animal laws is "special". It is not. A person suspected of or accused of a crime under animal cruelty statutes is entitled to exactly the same protections as a person accused of other crimes. Those protections include freedom from unreasonable search and seizure (4th Amendment) and the right to due process (5th and 14th Amendments). Every person accused has the right to "equal protection under the law" whether the crimes involve those against humans, animals and other property. Any government official, law enforcement officer, or non profit organization acting under "color of law" who deprives a citizen of any of these rights puts himself personally and his employer at risk of being sued for civil rights violations. Civil cases involving allegations of civil rights violations are often very expensive to defend against and can result in settlements in the millions of dollars. Add that to the bad publicity that a state like Mississippi can receive when the phrase "civil rights" is used, and the potential costs can skyrocket.
Mississippi Animal Seizure Statute-Section 97-41-2
Click here for a complete analysis of Section 97-41-2
Since the above analysis was done, a seizure bond provision in the City of Louisville, KY, ordinance very similar to that of Mississippi 's 97-41-2 has been challenged in federal court and found to be unconstitutional because it denies due process to the accused.
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