Cal.2: Live animals in distress is an exigent circumstance

A live animal in obvious distress, as reported to police, justified a warrantless entry into defendant’s apartment when the officers independently developed reason to believe there was a hurt dog in defendant’s condominium after defendant answered the door. There is a long history in American life of animal welfare. See United States v. Stevens (SCOTUS, April 10, 2010) (“‘the prohibition of animal cruelty itself has a long history in American law, starting with the early settlement of the Colonies.’”). California’s animal welfare statute was passed in 1872. Exigent circumstances justified the entry under the Fourth Amendment, and exigent circumstances are not limited to people in distress. Other states are in accord: People v. Thornton, 286 Ill.App.3d 624, 676 N.E.2d 1024, 222 Ill. Dec. 60 (1997); Suss v. American Society for Prevention of Cruelty to Animals, 823 F.Supp. 181 (S.D.N.Y.1993) (cat); Tuck v. United States, 477 A.2d 1115 (D.C.App.1984) (rabbits); State v. Bauer, 127 Wis.2d 401, 379 N.W.2d 895 (1985) (horses). People v. Chung, 185 Cal. App. 4th 247, 110 Cal. Rptr. 3d 253 (2d Dist. 2010), Modified and rehearing denied by People v. Chung, 2010 Cal. App. LEXIS 1031 (Cal. App. 2d Dist., July 1, 2010):

Exigent circumstances properly may be found when an officer reasonably believes immediate warrantless entry into a residence is required to aid a live animal in distress. Where an officer reasonably believes an animal on the property is in immediate need of aid due to injury or mistreatment, the exigent circumstances exception to the warrant requirement of the Fourth Amendment may be invoked to permit warrantless entry to aid the animal. On the record presented, the trial court properly denied Chung’s suppression motion.