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Frequently Asked Questions
Frequently Asked Questions (Received Weekly)
Below is a list of my most Frequently Asked Questions and Responses.
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Animal Care and Control just took my dog and they say they are going to kill her! I want her back. What should I do?
Most every city or county gives you an opportunity to oppose and dispute a taking and killing of your canine companion. If Animal Control has taken your pet, immediately contact the Animal Services and tell them that you want a hearing. A written request should be hand-delivered, faxed and/or e-mailed to Animal Services immediately. In the written request, tell them that:
- You oppose the holding and killing of your dog
- You hereby request the prompt return of your dog
- If they do not promptly return your dog, you want a hearing to contest the holding and euthanasia of your dog
Telephone the Animal Services to ensure that they received your Notice.
Record each person’s name that you speak to.
Do we have to hand our dog over to the police when they threaten us?
No. Because the government perceives animals as property, the rights associated with fourth amendment searches and seizures also apply to animals. The case of Fuller v. Vines is the 9th Circuit case which acknowledged the fourth amendment application to animal companions. See, Fuller v. Vines, 36 F.3d @ 68, citing, Soldal v. Cook County, 506 U.S. 56, —-, 113 S.Ct. 538, 546, (1992); and, see, United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656 (1984); Bonds v. Cox, 20 F.3d 697, 701-02 (6th Cir.1994); Lesher v. Reed, 12 F.3d 148, 150 (8th Cir.1994); The case noted that a “‘seizure’ of property occurs, within the meaning of the Fourth Amendment, when ‘there is some meaningful interference with an individual’s possessory interests in that property.'” Therefore, the Court reasoned, the destruction of property is a “meaningful interference” constituting a seizure under the Fourth Amendment. In that case, of a wrongful shooting of a companion animal, the complaint alleged that the officers’ killing of their dog constituted a Fourth Amendment seizure. The 9th Circuit Federal Court of Appeals ruled that a dog is an “effect” or “property” which can be seized. There are now analogous cases in almost every circuit of this country so more likely than not, your state will have a similar decision.
I believe that individuals should assert their fourth amendment constitutional right when an officer comes knocking at their door. There is no reason why an animal guardian shouldn’t demand to see a Court Order or a warrant before allowing an improper seizure of their animal family companion. Nonetheless, many family members waive their custodial and constitutional rights and hand their companion animals over to law enforcement or animal care and control. It is important for people to demand a probable cause hearing prior to this detention of the companion animal. If the government is allowed to take your dog without protest, this results in a legal battle for custody rights with the government entity which can take anywhere from a few days to over a year while the dog waits impounded.
My Vet killed my cat when all I wanted was her nails clipped! Is there anything I can do?
Many states have a local state agency that conducts some checks over your vet’s actions.
Here is the link to the governing body for Vets in Florida LINK
There are also options of proceeding through the Courts, either Small Claims. You can find Small Claims up to date details and information on the Florida Small Claims Court website. There is also helpful information on-line about filing in Court or about small claims suits in particular. Call us to see if you’re a candidate for these options.
Also, if this just happened, and you are thinking about bringing a lawsuit against your vet for vet malpractice, a necropsy will be helpful to substantiate the cause of death of your animal. Do not get a necropsy from the same vet who did the wrongful thing to your animal because that would be a conflict of interest.
I don't have much money. Do you take pro bono cases?
Do you offer free consultations?
How are your fee's determined?
Where can I read other client's feedback of your work?
Check out our testimonials page here
Do you offer payment arrangements?
Who can I contact if I have questions?
All inquiries can be emailed to info@LTurnerLaw.com
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Ms. Turner recently represented my rescue organization and I’m so incredibly thankful for her. My fellow volunteers are so incredibly thankful for her, as well. She listened intently during our first conversation as I cried and explained what was happening, she talked me through panic attacks, and gave me detailed explanations regarding what she was going to do for my organization and why.
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200%! Absolutely! I recommend L. Turner Law! A competent sharp motivated professional. Compassionate, but tough! I’m a registered nurse that struggles with a serious disability, PTSD. I have been harassed and targeted by the HOA regarding my service dog, who happens to have her own struggles as a senior former shelter dumped overly bred dog with a few disabilities too, namely Lupus, and back and neck problems that cause her gait to wobble and she falls often. We’re both helping each other cope, care, heal, and are supporting one another. Complicated case, many details, but L. Turner LAW is quick to figure out the correct legal action and implements it quickly. Fair pricing. And most importantly, L. Turner Law truly cares about animals and related injustices! I’ve had to hire a handful of attorneys in my lifetime, she is by far above and beyond what I could ever hope for. So grateful to have her on my side!
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