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People v. Scott

Emergency Doctrine to Warrant Exception Under AML §373(2) Applicable for Animals' Seizure

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Summary of the court’s decision: ASPCA’s petition is granted, and the defendant is ordered to post security in the amount of $2567.21.DECISION AND ORDER

*1 Defendant Michael Scott, the respondent in this petition, is charged with two counts of Overdriving, Torturing and Injuring Animals and Failure to Provide Sustenance, in violation of section 353 of the Agriculture and Markets Law (“AML”). The charges arise from allegations that the respondent deprived food and water to a male German Shepard dog and a domestic shorthair cat, causing malnourishment and emaciation of the animals.Following a hearing pursuant to AML 373(6), the court now decides the following issues:1. Does AML 373(2), a prerequisite in this petition, contain a warrant exception?2. If there is a warrant exception, is one applicable in this case?3. If the dog was lawfully seized under a warrant exception, did the petitioner establish by a preponderance of the evidence that the respondent violated a section in Article 26 of the AML?4. If the petitioner did meet its burden, is $2,567.21 a reasonable amount to require the respondent to post as security?

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