Humane Society Loses in Home Entry Case

A state appeals court has ruled that the Pasadena Humane Society violated Nicholas and Virginia Conway’s constitutional rights when its officers entered their a home without a search warrant to seize their dog, which had earlier been in the street without a leash.

The court’s May 8 opinion revealed the practice of the Humane Society to enter a residence such as the Conways without a warrant if a dog has been on the loose and the owner is not home. The ruling overturns a Pasadena judge’s decision in favor of the Humane Society in the Conways’ civil suit against the agency for entering their home.

The Feb. 4, 1993, entry into the Conway’s Pasadena home was the second time Humane Sgt. Endel Jurman had entered the house in their absence through an open back door to seize their beagle, Toby, after seeing him roaming the streets, the court said.

The court, citing the right to protection from unreasonable search and seizure, rejected a humane society argument that a state statute and a Pasadena law give it the power to enter premises for the purpose of seizing any animal running at large.

“There could be countless homes in Pasadena the humane officers have gone through without the residents’ knowledge,” said the Conway’s attorney Cyril Czajkowskyj. “These humane officers are armed; something very tragic could occur.”

“We’re disappointed at the decision,” said Steve McNall, humane society executive director. “We do enter places. It’s our mission to protect the animals. If the owner is not home we will often bring that animal into protected custody.”

The agency, which found Toby loose 14 times, has not decided whether to appeal or accept a new trial on liability for entering the house.