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Hudson Complaint With Usilton Response
Hudson Complaint With Usilton Response
The big issue is that Ms. Hudson and her neighbor do not get along well but the Hudson cats end
up in the neighbors yard and the neighbors dogs end up attacking and killing or injuring
Hudson's cats. Each visit that we have made to Ms. Hudson she has been less that cooperative.
She refuses to produce rabies information for the cats and refuses to keep the cats from causing a
nuisance for her neighbor. The dog owner keeps her dogs contained in her fenced in yard but the
cats keep coming over. We have had two cases where the dogs have either injured or killed a cat.
We have been dealing with Ms. Hudson since Oct 2010 and the most recent complaint was
2/13/12. There is a total of six complaints regarding her cats and the nuisance issue. New Castle
County does have a nuisance animal ordinance which she is in total disregard of at this point.
She fails to contact officers back she slams doors in their faces and crumples up notices and
tosses them on the ground.
This is why we are heading in the direction of getting a search warrant because of her failure to
comply with the officers requests and we have reports of 10 or more cats in the home and more
outside.
As for the process of getting a search warrant we have to do the same things that any law
enforcement agency would need to do. Build the case gain probable cause and submit it to the JP
courts for a judge to approve or not approve.
If we go to a home and the person does not want us to come inside we do not enter the home we
would have to leave and obtain a search warrant. However we do have the right to inspect
someone's yard if we have probable cause to be at the residence. (this is written in to the statute)
However we are not allowed to enter a yard and look around if there is a fence with a closed
gate. All that is allowed to do in that instance is go and knock on the door and see if someone is
home.
The same rules that apply to police officers apply to us and we follow those rules, for example if
we are at a persons home and they invite us in we can go ahead in but if during that time they
request we leave then that is what we do.
If we or any other law enforcement agency has obtained a search warrant that has been signed
by a judge the homeowner does not have the option to refuse entry. Our policy on serving search
warrant or arrest warrants is that there are at least 2 ACO's and we are accompanied by a police
officer. That is the basic policy if you want the full one let me know.
Now there are exceptions to the search warrant rules and if you want that let me know I will get
that to you but the basic explanation is exigent circumstances that would need immediate action.
For example a dog in a hot car in the summer that is about to die if no action is taken.
Please feel free to inform this New Castle county resident that action will be taken if she
continues to violate New Castle Laws.
This is one example of cat issues which plague our state that are basically unaddressed in Kent
and Sussex county.
Let me know if you need any further information.