Posted by:
MassLawGeek
at Mon Nov 18 21:42:44 2013 [ Report Abuse ] [ Email Message ] [ Show All Posts by MassLawGeek ]
>>A friend that use to keep herps in Alaska, told me they had state privacy laws. Maybe those of us in the lower 48 should look into getting such laws passed.
We already do. It's called the Fourth Amendment and it resides in the Constitution of the United States of America. You have a RIGHT to remain secure in your person, belongings and dwelling.
This right is in place to protect the innocent, not the guilty.
If ANYONE comes to your door inquiring about anything within FOR ANY REASON, even an innocuous one about being interested in snakes or other reptiles, you recite to them the following:
" I do not permit a search of my person, my belongings or my property. You may not enter." Repeat as often as necessary.
This applies to anyone: Elected officials, inspectors, law enforcement (especially LE) of ANY agency.
A probable cause search warrant MUST be obtained before LE are legally permitted to enter a residence UNLESS they are unwittingly invited in by another resident, usually a mom or grandmother, sibling, whatever who are unaware of their rights and don't want to anger the LE officer at their door. This is where the trouble begins. Please understand that you don't even have to have illegal animals in your home to create trouble for yourself in this circumstance as we've seen in this post and previous ones.
We as keepers need to re-assess the way we are keeping our animals. Is it proper to dedicate your entire home to snake/reptile keeping or is it more prudent to dedicate a locked room for your hobby. If you entered my home, aside from a few framed photographs of reptiles, you wouldn't immediately assume I kept anything other than a small dog. My snakes are in a locked room. My mouse colony is out back, again in a locked shed. There are two small turtles visible in the playroom downstairs but folks aren't normally frightened by turtles.
In the situation described, the individual in question had a house fire and for some reason, decided to inform the responding firefighters. Perhaps the snakes were in plain view once the home was entered and he had concerns that the snakes would frighten the firefighters. Perhaps he wanted his snakes removed by the firefighters like they remove other pets. It's not specified in the article. Never the less, the fact that this person was keeping snakes will apparently lead to an ordinance banning them, unless he stands up for himself and gets help from a lawyer and the local herpetological society.
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