Protecting and rescuing animals from abuse and neglect is a critical responsibility of law enforcement and animal care welfare agencies, and sometimes animals must be seized by the authorities for the animals’ protection and care. Animals are considered property under the law and seizing them must comply with established legal requirements for the seizure of personal property.  California law has several mechanisms to do this while acknowledging that animals as property do not fall under the same categories as non-living property.

Removing Animals from Harmful Situations

California Penal Code § 597.1 provides two ways to remove animals from abusive or neglectful situations in California:

1. Exigent circumstances: If the animals are in immediate danger, the responding officer is required by law to seize them and provide care and treatment for them until the matter is later resolved through the legal process. It is an emergency for the animal and not removing it could result in grave harm or death to the animal.

Example: a dog locked in a hot car who is likely to die if not removed.

2. Pre-seizure hearing: When the need for immediate seizure is not present, and before the commencement of any criminal proceedings, the agency must offer a pre-seizure hearing to the owner of the animals to present evidence as to why the animals shouldn’t be seized. If the owner does not participate in the hearing or fails to demonstrate a good reason for the animals’ condition, the hearing officer may order them to be seized for their protection.

Example: Thin horses who aren’t in immediate danger, but they are declining and the situation could become dangerous for the animal if not properly addressed.

Furthermore, California Penal Code § 1524 allows animals to be seized pursuant to a search warrant. A search warrant is a written order issued by a judge that directs officers to search a specific place and seize specific items. It’s one of the main protections built into the Fourth Amendment of the United States Constitution, which requires that searches by authorities be reasonable.

Example: When there is time to seek judicial approval. An officer submits an affidavit establishing probable cause that evidence of animal cruelty or neglect will be found, and the court orders the officer to search the identified property and seize the animals and other items specified in the warrant.

Additionally at any time an owner may surrender ownership of the animals to the responding agency. The animals then become the charge of the agency, who may immediately place them for adoption or provide for other disposition.

What Happens Next for the Animals?

Animals seized pursuant to exigent circumstances are held by the seizing agency while the owner is given a post-seizure hearing. The purpose of the hearing is to 1) determine that the seizure was justified, 2) determine if the animals can be safely returned to the owner or must be kept in the agency’s custody for their protection, and 3) determination of who will bear the costs of care for the animals.

If the hearing officer finds that the animals were properly seized, the costs of care are a lien on the animals and they will not be returned (if authorized to do so) until the owner has satisfied the lien within 14 days. If the animals are not authorized to be released, the owner must continue to pay the costs of their care until the matter is ultimately resolved, usually through criminal proceedings regarding animal cruelty and neglect charges. If the owner fails to pay the lien, the animals are determined to be forfeited to the seizing agency for adoption or other disposition. If the seizure is not upheld, the seizing agency is responsible for the animals’ costs of care.

Alternatively. animals seized pursuant to a search warrant are retained under the authority of the court. When animals are seized pursuant to a search warrant in California, the warrant authorizes the taking, but it does not determine what ultimately happens to the animals. The ultimate authority over whether those animals are kept, forfeited, or returned lies with the court.

If the court releases the animals to the seizing agency, the agency may place the animals for adoption, transfer them to rescue organizations, or provide for other disposition.

Impact on Seizing Agencies

Seizing animals has major operational and financial impacts on animal welfare agencies. While these seizures are meant to protect animals, they can strain the very systems responsible for their care. When animals are seized, agencies must immediately house and care for them—often with little warning.

Seized animals are generally ill, injured, emaciated, or have other extraordinary care requirements. They are expensive to care for, and agencies usually bear the cost upfront. Daily expenses include food, veterinary treatment, medication, and staffing. Medical cases (malnutrition, infections, injuries) can dramatically increase costs. Legal proceedings can last months or even years, extending care expenses. Although the law allows agencies to recover costs from owners, reimbursement is not guaranteed and usually doesn’t happen. If owners cannot or do not pay, agencies absorb the loss.

Seizing animals is never a decision that is never taken lightly. The anticipated costs of the animals’ care can reach hundreds of thousands of dollars. The lengthy process of the judicial system causes the animals to be held for months or years on end, causing population pressure on the animal housing capacity at the care centers. These are serious concerns that any seizing agency faces.

However, the ethical and moral reasons for removing animals from dangerous and inhumane conditions take precedence. It is the very reason for existence of animal welfare agencies and must remain pillars of our mission and values.

Marcia Mayeda, Director

Los Angeles County Department of Animal Care and Control

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The Los Angeles County Animal Care Foundation is a nonprofit 501(c)3 charity that raises money to support DACC in its mission of saving animals and keeping pets and families together. Learn more at www.lacountyanimals.org.