COMMONWEALTH v. DUNCAN

No. SJC-11373.

467 Mass. 746 (2014)

COMMONWEALTH v. HEATHER M. DUNCAN.

Supreme Judicial Court of Massachusetts, Essex.

April 11, 2014.


Attorney(s) appearing for the Case

Paul C. Wagoner , Assistant District Attorney, for the Commonwealth.

Travis J. Jacobs for the defendant.

The following submitted briefs for amici curiae:

Virginia F. Coleman for Animal Legal Defense Fund & others.

Michael W. Morrissey , District Attorney, & Tracey A. Cusick , Assistant District Attorney, for the Attorney General & others.

John M. Collins for Massachusetts Chiefs of Police Association, Inc.

Carolyn C. Van Tine for Animal Control Officers Association of Massachusetts.

Kate M. Fitzpatrick , of New York; Jonathan R. Lovvorn , Kimberly D. Ockene , & Aaron D. Green , of the District of Columbia; Elise VanKavage , of Utah; & Michael G. Bongiorno for Humane Society of the United States & another.

Stacy Wolf & Jennifer H. Chin for American Society for the Prevention of Cruelty to Animals.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


LENK, J.

This case presents the question whether the emergency aid exception to the warrant requirement of the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights extends to police action undertaken to render emergency assistance to animals.1

After receiving a telephone call from the defendant's neighbor, police entered the defendant's front yard without a warrant and seized...

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