02/13/2024
This is absolutely ridiculous!
ALERT: Arizona Warrantless Seizure Bills
For easier reading and to take action, click here: https://usark.org/24az/
Hearing: Thursday, February 15
Senator Bolick of Arizona has introduced Senate Bill 1603 that will allow for warrantless search of private property and seizure of your pet animals. Senate Bill 1204 (Senator Kavanagh and Representative Shah) was also introduced and is almost identical.
Remember, warrants protect us from unreasonable governmental intrusion. As if that is not bad enough, the bills would make it so that, โThe formal rules of evidence do not apply and reliable hearsay is admissible in the postseizure hearing.โ Please read that last sentence again! โThe formal rules of evidence do not apply and reliable hearsay is admissibleโฆโ
First, the formal court rules are tossed out the window. This means that the due process that typically exists in court does not apply. Additionally, hearsay is generally inadmissible in court unless a special exception is provided because it is not considered reliable or trustworthy. If this bill passes, hearsay will be good enough for the seizure and State possession of animals in Arizona. Needless to say, this goes against our constitutional rights as Americans.
There is much more wrong with the bill such as committing class warfare against lower-income families who cannot afford court, required bonds, or impound fees. Most Americans could not afford the attorney fees if they chose to challenge one of these seizures. The bill allows for too much subjectivity in assessing the welfare of the animals in question and does not provide for any checks or balances against the agencies in charge.
The bills' language also provides that the seizing agency can place the animal with any โperson, agency, or shelter, including a volunteerโ and the animal owner is responsible for covering all of the costs billed by that party in addition to the legal fees. Just the required bond may be too much for people to fight for their animals. Imagine your pets being seized and then being kept by some random person as allowed in this bill.
This is a bill that sounds good and attempts to protect animals, on the surface. It would be great if actual animal cruelty could be properly addressed faster. However, one must consider that any rogue enforcement officer could seize animals as they see fit whether there is animal cruelty or not. Any animal rights-minded officers could seize healthy animals and claim there were problems. This scenario has already played out.
SB1204 has a hearing on Thursday, February 15 with the Senate Natural Resources, Energy and Water Committee. Read the agenda at https://www.azleg.gov/agendas/0215012028128.pdf. The hearing starts at 9:00 AM in Senate Hearing Room 2 (SHR2).
Sample letter and more. Go to the alert link.