SPOILER ALERT!!! ILLEGAL WARRANT-LESS UNCONSTITUTIONAL ANIMAL SEIZURE IN RAINS COUNTY, TEXAS

Holy Moly-is it possible to shock me more-Apparently it is…below is the email I received and a copy of the UNSIGNED WARRANT…no judge approval for this…SPCA can not say if that woman was a vet or a vet tech and makes a big difference when they KILL animals on the spot and leave them for the owner to ‘dispose of’…like the shock wasn’t bad enough!!! Yes, there was one OLD skinny donkey-are animals no longer allowed to grow old because they get skinny?!?-WTF!?! Animals that were in that condition when the sheriff brought them there?!?-WTF?!?

The battle over 3 donkeys-now one, as 2 were killed on the spot and left behind to be disposed of by their owner…HUH?!? Thats 2/3s of the animals left behind and killed by a so called rescuer…that’s some rescue indeed.

The mail I received:

“This is beyond belief!! ”  

“The attached Warrant was used yesterday to give SPCA of Dallas, TX “authority” to go onto “Lori’s” property….  they KILLED TWO of the three Donkeys that Lori had on her property!! “

“I have photos and there was NO reason, other than the supposed “vet” said she couldn’t take them… one was too old and the other was “injured” and had its “back bone” sticking up……  Lori had a very old donkey which had arthritis and was just plain “old.”   She had two other Donkeys… one male that was “fat” – which the SPCA took…. and the other a large female approximately 7 to 10 years old that was thin but NOT in any emergency condition…”

  “About a year ago….  Rains County herded these Donkeys into Lori’s yard and told her that they could have them if they could catch them – just to get them off the road…”

“A few days ago, another Donkey wandered into Lori’s property and Lori kept running it off.  It was found dead in the ditch beside the roadway approximately 160 yards from Lori’s house.  Because the “law” found the dead donkey, they used that as “evidence” to come onto Lori’s property.  Although Tex. Code of Crim Procedure, Chapter 18 governs the issuing of search/seize warrants, and 18.01(c) states that ONLY judges who are “licensed attorneys” can “legally” issue search/seize warrants – the attached warrant was issued by Rains County Sheriff’s Department Deputy “Holt.”  

“Holt” is a new “recruit” – as far as we know – and OBVIOUSLY does NOT know WHO can issue “warrants” because SHE ISSUED THE ATTACHED WARRANT by which TWO of Lori’s Donkeys were killed and the third one was taken by SPCA in Dallas…”  

“There is something VERY WRONG with all of this….   And to make it even worse… after they “killed” the two donkeys, they just left them and told Lori and her family they had to dispose of them in 24 hours “or else.”  

“Take a very close look at this so called “warrant”….  there is NO COUNTY listed anywhere….  There is NO Judges name… NO Judges signature… NO probable cause… NO citation that this was being done according to Texas Health & Safety Code 812.022(b), or any other citation…  There is NO order to KILL any animals…. there is NO order allowing the animals to be taken out of the county!”

   “All of these missing items parts of Chapter 18 of the Texas Criminal Code!!!”

” Someone needs to take SPCA of Dallas apart!!!  

“Was it really a veterinarian who euthanized the donkeys??/ and on whose “Order”???  or was it a lowly TECH who did it???”

   “There is NO justification and NO excuse that the SPCA can give to justify this HORROR!!!!!!!!!!!”

  “There is NO CASE NUMBER – so how do you refer to anything when asking the Rains County Sheriff to justify the actions of his law enforcement??”

   “I called SPCA and they told me that they are involved in an official investigation of this case and could give me no information.”  

I said, You are ONLY a group of private citizens who have obtained 501(c)(3) non-profit status and the ONLY authority that gives you is that you can operate “tax free.”  Yet, you say you are involved in an official investigation…. where does you “official” investigator status come from?”  Of course… the young lady could not answer me… she put me on speaker phone with a man in the background… that was the end of my conversation…”  

“THIS CASE SHOULD CAUSE IMMEDIATE AND COMPLETE OUTRAGE AMONG THE CITIZENS OF THIS COUNTRY!!!!”

   “Who is NEXT???   The SPCA “Nazi” patrol is alive and well, and being supported by Rains County Sheriff’s Department.”  

“Lori is in shock, of course….   Needs to file immediately for civil rights violations, but is facing that good old 821.022(b) Hearing which all the Texas Justice’s of the Peace turn into a full fledged criminal prosecution…”

   “I hope you will contact Rains County Sheriff and Rains County Justice of the Peace Don Smith and give them a piece of your mind for all this…..  Rains County Sheriff Dept – (903)473-3181….  Rains County Justice of The Peace Don Smith – (903) 473-5000. ext. 150”

___________________________________________________________

So there you have it ALL accept the pictures and I was told they will be sent…watch for the post …

THE WARRANT that was provided was filed out by the sheriff deputy in her patrol car-imagine that!!! Anyone ever hear of officer training-Code of criminal procedures chapter 19 stipulates maybe issued by a sheriff BUT ONLY IF IT IS A SMALL COUNTY WITHOUT A JUDGE OR ONE NOT AVAILABLE and most certainly would still require the seal of Texas…that does not mean go to your patrol car and write one out yourself and then to use it because your are too damn lazy to do it right!!! Or is it that this sheriff’s deputy is in collusion with the SPCA?!?  2/3s of the animals are now dead!!!

“Just wanted to add that “Holt” issued this “Warrant” out of HER CAR….   she just “wrote it up” and handed it to Lori!!!  So, just how do they justify this???   Texas Code of Crim. Proc. 18.01(c) tells WHO is “legally” authorized to issue warrants… “judges who are licensed attorneys”…  So, how do we handle “Holt”… obviously she doesn’t need to be employed by “us”… the taxpayers???”  

I will post the photos once I receive copies that I can post…

PICK UP THE PHONE AND MAKE THOSE CALLS!!! 

SPCA of Dallas: (214) 742-7722

Stephanie Daniels  (214) 608-7933

General numbers found for SPCA of Dallas (214) 527-3748 (214) 461-1814

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…NO ONE IS SAFE PEOPLE WHEN THEY ARE ISSUING WARRANTS OUT OF A PATROL CAR!!!  -B

Donkey Warrant

Imagine that-a pre-typed warrant for animal seizures to then gives the animals to the SPCA of Dallas-Just how long has this gone on and no one asking questions about the warrant. Where is  the affidavit to the warrant??? Apparently that doesn’t exist!!! -Make those calls!!!

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~ by topcatsroar on June 14, 2013.

10 Responses to “SPOILER ALERT!!! ILLEGAL WARRANT-LESS UNCONSTITUTIONAL ANIMAL SEIZURE IN RAINS COUNTY, TEXAS”

  1. Of course no one from any office was available to take my call however I did voice my opinion of this and the kill of those animals on voicemail…
    Please leave a comment about your experience if you place a call-If you wish it to remain private and not posted, just say and I won’t…TY!!! -B

  2. I wish I could say this is unbelievable, but it’s not. it is becoming all too common. Some flyspeck ‘official’ decides that animals are being ‘neglected’ and here we go. I’m kind of amazed they didn’t roll out the press too, to demonize the owner on TV so that they have no chance of a fair hearing whatsoever. This has been going on for a long time; heck, John Stoessel did a piece on 20/20 several years ago about the corruption and collusion in the SPCA in Dallas… looks like it’s just business as usual for these folks. Very sad, but until or unless the public stops knee jerk reacting against the OWNER every time abuse or neglect is alleged, and starts asking hard questions about the *circumstances* under which these raids are carried out, nothing is going to change.

    • They demonized the woman in court-BIG TIME!!! So smug…Watch for the update-Will make you sick!!! Sheriff Deputy/SPCA/Judge appears to be in cahoots!!! I’m so ashamed of our justice system in Texas- TOTALLY PATHETIC!!! -B

  3. You’re mistaken on one point. TX CCP chapter 19 deals with the organization of the Grand Jury. Chapter 18 describes warrants, and it does NOT authorize any police officer to write their own warrant -let alone try to serve one that’s not even signed by anybody! For a warrant, the officer MUST apply and/or sign an affidavit to the judge. ONLY a judge may sign a warrant, after the officer applies for it. In fact, I’d question what a rookie officer is doing with blank warrant forms in her car! She can have copies of blank warrant APPLICATIONS if she really thinks she needs to have them at hand, but the warrant itself is a court document. Without a judge’s signature, that paper could be used to wipe her dipstick when she checks the car’s oil level. That’s about all it’s good for, and it’ll never hold up in court. It doesn’t even have a case number, and the only mention on it of what county it’s in is the address of the courthouse. Oh, if you happen to know what county the city is in, that’s a clue, but it also needs to be filled in, in the appropriate box.

    It’s a bullshit move by a rookie cop, and it leads me to wonder how many other crooked or ignorant, poorly-trained cops have gotten away with stunts like that on citizens who don’t really understand the laws!

    • The claim is that she was served the wrong warrant-either way, whether an unconstitutional blanket warrant or a warrant improperly served, there is GREAT reason for alarm!!! -B

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