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COA: Animal seizure allowed without warrant

Jennifer Nelson
January 1, 2008
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Police and animal control officers were justified in removing malnourished animals from a property without a warrant, ruled the Indiana Court of Appeals today. The court also overturned a Bartholomew County man's convictions of neglect on four dead horses because of lack of evidence they died of neglect.

In Terry Baxter v. State of Indiana, No. 03A04-0710-CR-596, Terry Baxter appealed his convictions of four counts of Class D felony failure to properly dispose of a dead animal, and 12 counts of Class B misdemeanor neglect of an animal.

Baxter argued the statutes criminalizing the improper disposal of a dead animal were unconstitutional, the trial court abused its discretion in allowing animal control to participate in this case with respect to nine living horses seized from his property, that the seizure of those horses violated his rights under the Indiana Constitution, and the court lacked sufficient evidence to support all of his neglect convictions.

After police were notified about the four dead horses on Baxter's grandmother's property by a worker who went there to pick up a propane tank, they went to Baxter's home and saw nine more horses that appeared to be malnourished. They called the Indiana Hooved Animal Humane Society, which removed the horses and placed them in foster care. The horses were in plain sight and removed without a warrant. A veterinarian who examined them found eight of the nine horses were malnourished.

The Court of Appeals ruled the Indiana Code regarding animal disposal was constitutional, clear, and easily understood. The appellate court affirmed Baxter's four convictions of failure to properly dispose of a dead animal, finding he didn't follow Indiana statute for disposal by leaving the decomposing bodies of four horses on his grandmother's property, which is near his property.

It was wholly appropriate for animal control to intervene on this case, wrote Judge Michael Barnes, for the limited purpose of opposing Baxter's request to sell the neglected animals. The trial court followed Indiana Code regarding the termination of Baxter's rights to the animals, awarding custody of the seized animals to a humane society, and ordering Baxter to pay for the cost of caring for the animals during their pre-trial impoundment, wrote the judge.

The seizure of the nine malnourished animals and four dead horses without a warrant didn't violate Baxter's rights under the Indiana Constitution. Citing Trimble v. State, 842 N.E.2d 798 (Ind. 2006), the appellate court found police officers were justified in going to Baxter's home after they received a tip and removing the horses from Baxter's care. The living horses were in plain sight on the property, and in regards to the dead horses, the police didn't go to the grandmother's property until Baxter's son told police they were there, wrote Judge Barnes.

The appellate court affirmed Baxter's convictions on eight counts of neglect of the living horses, but reversed the four convictions of neglect of the dead horses because they were based on mere speculation. Because the animals were already decomposing when they were found, veterinarians were unable to say the horses died as a result of neglect, wrote the judge.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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