Attorney: Dog Raid Was Illegal
November 6, 2009, 6:01 PM
The attorney for the Hurley dog breeder who stands accused of 172 counts of inhumane treatment of animals wants all the evidence thrown out. Brian Radke filed papers Friday asking a judge to suppress the evidence because Second Chance Rescue and the Humane Society of the United States searched Dan Christensen's property illegally.
The video of the raid on Christensen's property was shot by the Humane Society of the United States was provided to KELOLAND News on September 2. But in court papers filed this week, Christensen's attorney says that raid was illegal.
He alleges evidence taken during the raid was based on two other illegal searches of the property. One on April 9 and the other on August 27. He says at neither time did Rosey Quinn, the director of Second Chance Rescue, have a valid search warrant or a licensed veterinarian with her, which is required by law.
The motion also alleges that if a licensed veterinarian would have been present during the first two searches of the property, they would have likely issued a report indicating the dogs were in OK condition.
During the raid on September 2, four licensed vets were on site. But Christensen's own veterinarian never got a chance to inspect the dogs before they were taken.
It wasn't until after the dogs were transported to the Turner County fairgrounds when she was finally granted permission, but court papers say she was only given ten minutes to inspect the 172 dogs.
Finally, it's alleged that since the Humane Society of the United States has no authority in South Dakota and its veterinarian is not licensed in South Dakota, its members broke the law by trespassing onto Christensen's property.
There's also been a new judge appointed to hear the case at the request of Christensen's attorney. Judge Tim Bjorkman had a conflict of interest.
© 2009 KELOLAND TV. All Rights Reserved.
3/5/2014 9:55 PM
The kids were ready to start class with a substitute teacher, but then she left the room, and things went horribly wrong.
3/2/2014 7:12 PM
A woman is dead and her husband injured after a fire in Spink County.
3/2/2014 12:41 PM
Members of the Sturgis wrestling team were easy to spot at the South Dakota state tournament. They went bleach blond for Brandon.
3/7/2014 10:01 AM
Yankton Police Chief Brian Paulsen says authorities caught up with Joshua Charles Hudson Friday morning.
3/1/2014 5:25 AM
Neither alcohol or excessive speed appear to be factors in a crash that killed three Minnesota college students, who were members of one of the nation...