Question

My neighbors called Animal Control because one of my dogs was barking a lot. Is it legal for maintenance to let Animal Control into my apartment without contacting me? And can Animal Control take my dogs without a warrant and without contacting me to talk to me about these alleged accusations? My neighbors called and also told Animal Control I was gone for weeks and no one came to care for my dogs which is not true. Is that a reason for Animal Control to be able to be let into my apartment by maintenance without a warrant?

Massachusetts, USA

Answer

While animal control would typically need a search warrant to enter a person’s home without permission, a warrant may not be required in exigent circumstances. Whether a particular situation constitutes an exigent circumstance to allow for a warrantless search would depend on the facts of each situation and ultimately would be up to a court to decide if the search is contested. Landlords and their agents usually must contact the tenant to enter the tenant’s apartment but, again, there are exceptions, such as in emergencies that require immediate action.

Massachusetts courts have addressed this issue. For example, in the 2014 case of Commonwealth v. Duncan the court stated: “In light of the public policy in favor of minimizing animal suffering in a wide variety of contexts, permitting warrantless searches to protect nonhuman animal life fits coherently within the existing emergency aid exception to the warrant requirement, intended to facilitate official response to an ‘immediate need for assistance for the protection of life or property.’”

I hope the dogs are doing well.

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