In last month’s blog I explained the similarities and differences between animal control officers and humane officers, and how their powers intertwine with police and sheriff deputies. Building on this information, let’s look at how the law allows us to help animals that are abused or neglected.

Many times, a resident reports an animal they feel is being neglected and insists we immediately seize the animal. For example, a neighbor calls DACC because a dog is tied up in a yard, looking thin and living in poor conditions. The caller asks the officer to “just go take the dog.” From the outside, it seems simple. But for the officer, it’s not that easy.

The Limits of Government Power

Animal control officers are government agents, and humane officers are appointed by the Superior Court. This means they are bound by the Fourth Amendment to the U.S. Constitution. That amendment says:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…”

The Fourth Amendment prevents government abuse, ensures fairness and accountability, balances public safety and individual rights, and protects privacy. That protection extends to animals, which are legally considered property. Just as police can’t walk into someone’s house and take belongings without a warrant or permission, animal control officers can’t seize an animal without following the law.

When Seizure Is Allowed

There are only a few situations where animal control can legally take an animal:

• Owner permission – If someone voluntarily gives up their pet.
• A warrant – Issued by a judge when there is probable cause of cruelty or neglect.
• Exigent circumstances – True emergencies, such as a dog locked in a hot car or a horse collapsed without food or water, when waiting for a warrant could mean death or serious suffering.

Without one of these, the officer must begin the process of speaking with the owner, identifying any violations, and issuing an order to correct them. This might include obtaining veterinary care for the animal, providing shelter, providing additional food, or other remedies. They can also issue any criminal citations that may be called for. Some crimes, such as dog or cock fighting, are usually investigated in collaboration with police or sheriff deputies and may include undercover or surveillance actions.

What Happens After Seizure

Let’s say the dog in the yard is in immediate danger and has no water, the temperatures are soaring, and it is near collapse. The officer steps in under exigent circumstances and removes the animal. What happens next?

California law lays out the process in Penal Code § 597.1. Here’s how it works:

1. Notice to the Owner – The officer must leave written notice that the animal has been seized, the reason why, and where it is being held.
2. Prompt Veterinary Care – The law requires that seized animals receive necessary treatment right away.
3. The Seizure Hearing – An owner has ten days to request a hearing on the seizure. An independent hearing officer will conduct the hearing to determine if the seizure was valid, if the animal can safely be returned to its owner (if not, it remains in DACC’s custody and care), and what financial costs the owner may incur. If a hearing is not requested within ten days, the animal is considered abandoned to the department.

Why Due Process Matters

From the outside, it may feel frustrating to see animals in need and wonder why officers “don’t just take them.” But these legal safeguards exist for a reason. They protect people from government overreach, ensure cruelty cases hold up in court, and prevent animals from being returned to abusers on a legal technicality. The exemption for exigent circumstances still allows officers to remove an animal immediately to protect its life or safety.

In the end, following the Constitution and state law is what allows animal control officers to protect animals and preserve the rights guaranteed to us all.

Marcia Mayeda

You can subscribe to Marcia’s blog here:  https://animalcare.lacounty.gov/categories/directors-blog/

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.