The Massachusetts Supreme Judicial Court announced today that in an emergency the police can enter private property to protect the lives of non-human animals. The case is Commonwealth v. Duncan , SJC-11373 (April 11, 2014). The case involves a Lynn woman who let two of her dogs freeze to death outside and fought an animal cruelty conviction by claiming the police had no right to enter her property to rescue the third, still breathing, dog. The court found that the emergency aid exception to the requirement of a search warrant permits the police in certain circumstances "to enter a home without a warrant when they have an objectively reasonable basis to believe that there may be [an animal] inside who is injured or in imminent danger of physical harm." It moderated that finding with the statement that "the reasonableness of the search must be determined on a case-by-case basis upon consideration of the totality of the circumstances". Massachusetts joins other states in recognizing "a public interest in the preservation of life in general and in the prevention of cruelty to animals in particular.how society values animals". Congratulations to Essex Assistant District Attorney Paul C. Wagoner who did an excellent job arguing this case before the court.
Glickman Turley LLP represents animal welfare nonprofits and others interested in animal welfare.
