C.A. 2nd;
B275226

The Second Appellate District affirmed a trial court order denying a motion to suppress. The court held that the crying and barking of dogs, along with the appearance of “unhealthful” conditions, supported animal control officers' warrantless entry into a back yard.

On October 29, 2014, a report of a loose horse took Los Angeles County Animal Control Officer Ed Callaway and Sergeant Rachel Montez-Kemp to property belonging to Kevin Williams and Pauline Winbush. After securing the horse, the officers heard numerous dogs crying and barking on the property, including a dog whining in the closed garage. There was also a strong smell of “excessive” fecal matter. Officer Callaway looked through a broken window in the upper corner of the garage door. There was a dog inside, in conditions that appeared “unhealthful.” Officer Callaway also saw a treadmill and a “slat mill,” typically used in the training of fighting dogs. The officers entered an open gate into the back yard, where they discovered numerous kenneled dogs. Many of the dogs had injuries and scars suggesting dog fighting. The officers left. Sergeant Montez-Kemp returned later, with Deputy Robert Ferrell, and inspected the property once again, from outside the perimeter. Based on this inspection, photographs taken by Officer Callaway during the prior inspection, and information obtained by Montez-Kemp during previous calls to the property, Deputy Ferrell executed an affidavit for a search warrant. Following issuance of the warrant, 19 dogs were seized from the property, along with other evidence of dog fighting. Williams and Winbush were charged with dog fighting and animal cruelty.