Message from RPOA-Big Brother is Watching!!!

TX-RPOA E-News
>From RPOA Texas Outreach and
Responsible Pet Owners Alliance
Crossposting is encouraged.
May 26, 2012

Big Brother is watching. On all fronts! If you don’t have the RPOA “Pet
Police Knocking On Your Door” Flyer yet, you can download it from our RPOA
Texas Outreach Web Site. (Under the Flyers Tab) Remember: No one can
enter your property legally without your permission or a Search Warrant
which requires “probable cause.”
Thanks to the Pet Breeders and Owners Website for this pertinent heads up
regarding USDA Internet Mining. It’s the sign of the times so be prepared.

http://petbreedersandowners.com/index.php/national-news/usda-internet-mining (below)

Second item of interest — regarding the federal HSUS PUPS Bill:
Word through the grapevine is that Representative Bill Flores has stated on
his facebook page that he will withdraw his sponsorship from the federal
HSUS PUPS Bill but that it may not come off until the latter part of June.
Rep. Flores claims it’s much easier to put your name on a bill than it is to
take it off. This is a situation that requires close monitoring and perhaps
more education from his Texas constituents at a later date.

RPOA is an “Alliance” of many diverse animal groups and serves as the Texas
Clearinghouse for sharing information detrimental to animal ownership.
Thanks to our subscribers for keeping us informed. We must remain ever
vigilant!

Excellent quote by Milton Friedman, Nobel Laureate, 1912-2006:
“Maybe I did well and maybe I led the battle but nobody ever said we were
going to win this thing at any point in time. Eternal vigilance is required
and there have to be people who step up to the plate, who believe in
liberty, and who are willing to fight for it.” —

E-News Editor and Volunteer Executive Director: Mary Beth Duerler
Send info to: rpoa@texas.net
______________________________________________________________

USDA Internet Mining

http://petbreedersandowners.com/index.php/national-news/usda-internet-mining
Just how much is Big Brother watching over you? Probably much more than you are aware of. If you are a pet breeder, large or small (for commercial sale), or are in the horse business for shows, sales, exhibitions or auctions, you are about to be monitored even further.

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), to quote from their request for contractors, “has a new requirement for Internet Data Mining Services to gather information from a variety of Internet sites in accordance with the Animal Welfare Act (AWA) and Horse Protection Act (HPA), for the enforcement of basic standards of care and treatment of regulated animals for commercial sale, used in research and transported commercially, or exhibited to the public in the United States.”

Now combine this with the largest spy facility in the country, reportedly five times larger than the US Capitol Building, currently under construction near Bluffdale, Utah. Upon completion, according to Wired Magazine, the entire contents of all forms of communication, including your private emails, cell phone calls, internet searches, and other personal data trails (parking receipts, travel plans, bookstore purchases and all other digital “pocket litter” transactions) will be monitored by the National Security Agency (NSA). Wired Magazine reports that this “heavily fortified $2 billion center should be up and running in September 2013,” making the NSA the largest, most covert and intrusive intelligence agency in history. Aren’t you feeling just real cozy about now?

What is the USDA looking for in their new internet mining operation? A contractor who will build data modules that will monitor regulated activities of APHIS, particularly those that are unlicensed or registered in the following activities:

1) Sales of animals used as pets (all warm blooded animals)

2) Sales of wild and exotic animals

3) Animals exhibited to the public for compensation

4) Animals used for research, teaching, testing, and experimentation

5) Commercial transportation of animals

6) Horse shows, sales, exhibitions, and auctions (such as Tennessee Walking Horses)

7) Animal auctions

According to their contractor request, “During the initial 6 months period of this contract, the vendor shall monitor two of the predetermined modules above, Sales of animal used as pets; and Horse shows, sales, exhibitions and auctions. After evaluation of the services provided, subsequent modules may be added contingent upon the success of the pilot project, not to exceed the modules listed above. For each module, the contractor shall work with Animal Care personnel to identify the search parameters needed to accomplish each of the modules above.” Did you notice what is listed first in their priority?

The request boldly states that this will not involve a human, but internet web technology. It will look at:

• Global Domain Registrations

• World Wide Web

• Social Networking Web Sites

• Web logs (Blogs)

• IRC/Chat conversations

• Message Boards

• Public email groups and discussion forums

• Usenet Data

• Auctions – eBay.com and Yahoo.com Auctions

“The Contractor shall provide initial format to include all site information, site owner’s name, site owner’s address, IP address, seller’s name, seller’s addresses, and other information as deemed appropriate such as buyer’s name and buyer’s addresses.”

This all comes under the direction of Sarah Conant, formerly with the H$U$ and now is the Chief Officer for Compliance for the USDA/APHIS. Your tax dollars are paying for this, under the guise of looking for “animal abusers.” How many “I am tired of abusing this animal/I know it was banned years ago, but I still sore my horse, so come buy this animal” ads are out on the internet? Do they really believe that an internet ad or chat forum provides proof of abuse?

The request for contractor was issued “on or about June 29, 2011,” so who knows, it may already be up and running. Would this be a test for the new spy center in Utah? Or is this a case of technology abuse, and a “create a situational need, then lobby for it?”
____________________________________________________________

http://www.rpoatexasoutreach.org/Brochurs_Flyers/Flyer-WHEN_PET_POLICE_KNOCK.pdf

Approved May 1, 2012 by RPOA Board of Directors

What Every Animal Owner Needs to Know
When the Pet Police Knock On Your Door!

Don’t be intimidated when local animal control, humane societies,
law enforcement or state inspectors knock on your door.
Be prepared! Know your constitutional rights.
Post “No Trespassing” signs on your property – front, back and at all gates. Just as a family
should have a rehearsed plan to escape a house fire, all animal owners should have a plan when
confronted by Pet Police. In addition, make sure that your family, babysitter, dog-sitter,
housekeeper and others know that they should not let the Pet Police into your home or on your
property (i.e. back yard, garage, etc.). Share the following information with them:
If someone knocks on your door, you are not obligated to answer it unless they identify themselves and state they have a search warrant.

Never assume that you have “nothing to hide.” In some circumstances animal control officers, unable to find a legitimate reason to make an arrest, have reported minor building or zoning violations.

If you have purchased special permits [Breeder, Rescuer, Intact Pets, Animal Owner]stipulating that local or state governments have permission to enter your premises at any time, refusal to allow them entrance may result in revocation of your permit. If you have signed such a permit they still cannot enter against your wishes since you can revoke the permission at any time. You must weigh the consequences.

If you decide to open the door, have your cell phone in your pocket. Call the police and report trespassing. Before you step outside, call your neighbor, friend, lawyer to come immediately. The more witnesses, photographs, video and tapes recorded the better.

Keep your hands in plain sight. People have been shot by police when common objects were mistaken for a gun.

If your cell phone doesn’t have photographing capabilities, keep a camera (with fresh batteries) near your door for just such emergencies. Keep a pen and paper readily available at the door.

After answering the door, step outside and close the door behind you. Anything seen through an open door is “plain sight” and may be misused as the basis for an arrest, or probable cause for a search warrant.

Do not answer any questions. Ask them to submit questions to you in writing. Be polite but firm.

Ask the following questions: (1) their full name, title and phone number; (2) agency’s full name and address; (3) supervisor’s full name and telephone number; (4) ask why they are there; (5) if a complaint, ask for name of complainant and a copy of the complaint.(6) Note the names of anyone else present.

Call their offices to verify because scams have been reported in the news where imposters pretended to be utility workers, gained entry, then robbed the owners. Make them wait outside until verification is completed.

If they have no search warrant and demand to enter your home or other areas of your tell them politely, but firmly, to leave. If they try to intimidate you to let them in the house by telling you they can obtain a search warrant, advise them confidently, that they are not coming in without one.

If they do not leave, open the door slightly and back up into your house. If you turn around to go back inside, it may be interpreted as an invitation to follow. Once inside, close the door, call 911. Tell the operator you are being harassed by trespassers who refuse to leave. Inform the operator if they have weapons and you fear for your safety.

If you turn Animal Control or other government officials away, assume they will be back. Use the time available to move as many animals off the property as possible and make sure everything is clean and presentable.Approved May 1, 2012 by RPOA Board of Directors

SEARCH WARRANT
If they have a Search Warrant, read it closely. This permission does not allow more than one person to enter. Keep them in sight at all times. If anyone other than true law enforcement officials are there, ask the officers to remind those other people of criminal trespassing laws. They should leave.

After reading the Search Warrant closely: Make sure you know the areas they are authorized to search. If they stray to an unauthorized area, remind them they are not allowed there. Demand a receipt for everything removed, including all animals.

Do not answer any questions other than identifying yourself. They may try to trick you with questions. Do not answer them. You cannot win, except by remaining silent and calm. Cooperation will not usually avoid prosecution.

If you have an attorney and are able to make a call, let him know there is an execution of a search warrant occurring.

If your rights are violated, file a complaint with the appropriate body.

TEXAS DOG AND CAT BREEDER LAW
Without a Search Warrant, state inspectors do not have the right to come on the property
of any breeder unless the breeder has obtained or applied for a license. Inspections can
only occur under one of two circumstances: 1) pre-license inspection and 2) compliance
inspection. Licensed breeders are subject to unannounced inspections anytime. As of
September 1, 2012, dog and cat breeders possessing 11 or more adult [over 6 months of age]
intact females and engaged in the business of breeding those animals for sale or exchange for
consideration and sells or offers to sell not fewer than 20 animals annually are required to be
licensed by the state.
THINGS TO REMEMBER

 Do not argue, bad-mouth, curse, touch, threaten or try to intimidate the officer.
Avoid anger and violence at all costs. Do not physically resist an officer, no matter how unlawful his or her actions.
Do not try to tell your side of the story nor “explain” anything. You will have time for explanations after you talk to the lawyer.
If the questioning persists, demand to speak to a lawyer first. Repeat as necessary.

 IF ARRESTED: Exercise your right to remain silent. Answer no questions until you have consulted with a lawyer. Under the Fifth Amendment, you do not have to incriminate yourself.

 Within a reasonable time they must allow you to make a phone call to contact a
lawyer and arrange bail. They are not allowed to listen to your phone call to your attorney
but they may “monitor” the rooms “for your protection.” Do not say anything you do not want them to overhear; save that for your attorney until after you are out on bail.

 If you are physically injured by any persons, take photographs of the injuries immediately. Do not forego proper medical treatment.

 Write down all of the information, as well as the date and time of the incident immediately, while details are fresh in your mind. Keep notes as they can be valuable
evidence to defend yourself at a later time.

DISCLAIMER!
Due to the potentially complex nature of varying city and county ordinances combined with state law and regulation, this information is neither intended to be, nor should it be relied upon as, legal advice or as a substitute for personal consultation with a licensed attorney. This is provided for information purposes only. No liability can be assumed in connection with any use of the information contained herein. Texas Penal Code Criminal Trespass Statute:
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htm

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~ by topcatsroar on May 26, 2012.

2 Responses to “Message from RPOA-Big Brother is Watching!!!”

  1. I sincerely hope that someone is able to take this to court and win. This seems so unconstitutional. I feel sorry for all breeders. They are soooooo harassed.

  2. I just love that “ask the officers to remind those other people of criminal trespassing laws. They should leave.” (during a warrant service) -Easier said than done!

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