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DESERET NEWS (Salt Lake City, Utah) 13 June 08 Snake researcher's conviction upheld - He lacked permit for rubber boas (Linda Thomson)
The Utah Court of Appeals has upheld the conviction of an amateur researcher who studies snakes and was convicted of a misdemeanor charge of importing the snakes without a certificate of veterinary inspection and entry permit.
The state Division of Wildlife Resources served a search warrant on Davis County resident Ryan William Hoyer in 2004 and found 65 of the reptiles commonly referred to as rubber boa snakes on the premises. They were part of the research he did with his father, Richard, who is a biologist and an expert on these particular reptiles.
Most of the snakes died while in the state's care during the litigation that followed.
Hoyer originally was charged with a misdemeanor — illegally possessing protected wildlife — in Layton Justice Court. That case was dismissed, but then a new case was filed in Clearfield Justice Court.
Hoyer objected, stating that the law under which he was charged was too vague. He was convicted in 2006 for possessing 38 rubber boa snakes brought into Utah without a certificate of veterinary inspection or entry permit. He was acquitted of other charges.
Hoyer appealed the justice court conviction to the state district court, and after a conviction there, appealed to the Utah Court of Appeals.
He argued that the law was unconstitutional because its language was so vague and confusing that it should make his conviction void.
However, the appeals court on Thursday said in a six-page written ruling that an ordinary person reading the law would understand that they need to get a veterinary inspection and entry permit for these animals.
Snake researcher's conviction upheld

>>However, the appeals court on Thursday said in a six-page written ruling that an ordinary person reading the law would understand that they need to get a veterinary inspection and entry permit for these animals.

Interesting precedent they're setting...how many people living in UT buy snakes online from out of state and know about, let alone get, a veterinary inspection?

UT HAS to uphold Ryan's conviction...they have to show that they accomplished SOMETHING to justify their killing of most of his research animals.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

This is one of those times when you just want to scream out loud. A scientists' son, with a vast amount of experience in these animals, kneecapped by department heads who cannot care for the animals in question. Would it not be a better way to spend taxpayer dollars to let the individual in question care for the animals until PROVEN guilty? Who exactly was in charge of the animals? Why is there not an outrage from PETA heard? I guess the only good snake....
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Todd Hughes

And we can't forget that USFW was originally involved. The original warrant was to find protected Southern Rubber boas. When it became evident that the informant had lied about Ryan having Southerns, and there was none found, USFW properly bowed out. Only Utah's state agency continued because at that point they had already killed a number of Hoyer's research animals and they had to save face. It took them well over a year to come up with this baloney about vet certificates and no pet store in Utah had ever had to have vet certificates before, even though the law was on the books. The law was never applied to herps before Ryan's case, and was originally written with only farm animals in mind.

I believe he got a bum rap and this type of b.s. is why we need law reform based on actual science.
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Todd Hughes