Results 1 to 10 of 13

Hybrid View

  1. #1

    Default Animal Cruelty Charges Based Upon Video Taken by Trespassers

    My question involves criminal law for the state of: north carolina

    The state of NC came and took my friends horses. They were tipped by tresspassers on his property that one of the horses died of abuse and starvation (lie), and there were several dead horses, which there were not... . The tresspassers entered the propery over the fence took pictures,gave them to the deputies, and the deputies lied to obtain a warrant saying there was no feed or hay when clearly there was,and saying the horses were foundered-which they werent. They seized the 3 miniature horses and a goat, then had the nerve to state in the warrant and the newspaper they had no food or water as he watched my friend feed and water them and drop off a 600 pound bale of hay. he also stated publicly there were several dead horses, which they were not... There was plenty of feed in barrels and a huge tank of water that the deputy "didnt see" which I have pictures of. I also have pictures of the healthy horses they took...There was one horse that was put down a few days before that they are raisning a stink about. She was attacked by a coyote and was suffering. She was also buried. There were 2 goats that died giving birth that hadnt been buried yet.The warrant was obtained by tressassers hearsay,The deputy heard what they had to say, jumped at the chance to get a warrant to seize the animals, and a poorly conducted investigation was done, at night... leading to my friend having a bad name in town based on false information. He was accused in the newspaper of starving the animals, when in fact,the horse was attacked and put down..and the goats died having their kids...The sherriff stated in the newsaper that it was a shame that animals were treated this way and that he was cruel and yadda,,,,yadda,,,, accusing him before he was even arrested. so much for innocent until proven huh? he felt bad about it so...The sheriff even gave him the names of the 2 tresspassers who are volunteers for the humane society...so he can get a warrant for tresspassing so their pics cant be used as evidence. Can he do anything about the publicity and lies getting put out there?? Will the tresspassers pictures or testimony hold up? he is actually turning himself in now...They are charging him with 3 counts not burying animals in timely manner and 4 counts animal cruelty.Thanks!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Search Warrant by Illegal Photos and Info

    it doesn't matter if the guys that took the pictures were trespassing or not in regards to the legality of their pictures being used as evidence. That would only apply to the police.

    Your friend will have a chance to defend himself in court.

  3. #3
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Search Warrant by Illegal Photos and Info

    I'm not sure this story is in relation to this thread but they seem to be in themself, the same.

    http://www.witn.com/home/headlines/A...132283273.html

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Search Warrant by Illegal Photos and Info

    Is your friend Jonathan Whitley?

  5. #5

    Default Illegal Video and Accusations Put on the News

    My question involves defamation in the state of: North Carolina

    Helping my friend again.... The humane society volunteers tresspassed onto his property, opened the door to his barn and took video and pictures of his animals. then proceeded to give the footage to several news stations, and even did an interview, accusing him of cruelty to animals. they went all over his property with a video camera... and now his name is ruined. Why not let the police handle it??? no.... now everyone hears her bad remarks about him, photos of his yard, his animals and everything... and not even heard his side of the story, the animals died naturally, not starved as she is implying. Is that slander, invasion of privacy or what? can he do anything about it?? he is taking out papers on her for tresspassing, but she has took it too far..the sherriffs office is even giving the animals back due to nothing being wrong with them as she implied...they were even vet checked to be healthy.. help

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Video and Accusations Put on the News

    It is not defamation to take video of somebody else's property. It is not defamation to give that video to news stations. It is not defamation if the video shows dead animals, even if people watching the video draw mistaken conclusions about how the animals died. It does not appear that an "invasion of privacy" tort would be viable because "claims for invasions of privacy by publication of true but 'private' facts are not cognizable at law in [North Carolina]." Hall v. Post, 323 N.C. 259, 372 SE 2d 711 (1988); also, to be actionable, the private facts disclosed must not be newsworthy. Id.

    You are telling us that there were multiple dead animals shown on the video ("the animals died naturally"), and also that "nothing was wrong with" the animals and that they were "healthy". It can't be both.

    Are there any false statements this person could point to that could arguably constitute defamation? There might be a cause of action for trespass, but it sounds like any damage claim for the unauthorized entry onto the premises would be nominal.

    Tell your friend to have his situation reviewed in detail by a lawyer.

    Added: I see in your other thread that your friend was criminally charged. Are you now telling us that all of those charges have been dismissed, or that your friend has been acquitted after trial?

  7. #7

    Default Re: Illegal Video and Accusations Put on the News

    They dropped his charges down from animal cruelty to not providing clean water, and for not burying the horse that passed away. They took 4 animals from the property, who were seen by a vet and said to be in very good shape. The sherriffs office is giving them back, and apologized for the comments they made before hearing how the animals died. This lady is a volunteer for the humane society and is starting a war between the society and the sherriffs office. She tresspassed and lied to the deputies to get the animals taken. She even has video and photos on the humane society website asking people to sign a petition againt the sherriff department. The humane society used to control the animal investigations, now its the sherriff dept. that looks into it all. She is trying to get the sherriff voted out, and stretching this case to the max...

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Illegal Video and Accusations Put on the News

    Quote Quoting Who'sThatGuy
    View Post
    I'm not sure this story is in relation to this thread but they seem to be the same to me.

    http://www.witn.com/home/headlines/A...132283273.html
    If it is, here is the Humane Society's website about the situation. You have to look at this horse that was simply not buried. Disgusting. It looks like many animals were simply left to starve and be eaten by the bugs. I don't care what your friend wants to claim, there is a serious problem when you find the remains of that many animals.

    and based on the statement about the issue between the Sheriff and the Humane Society, I think this is the correct Humane Society.

    http://www.wilsonhumanesociety.org/neglect.

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Illegal Video and Accusations Put on the News

    If what the trespasser found wasn't animal neglect, I don't know what is.

    If this were my friend I wouldn't be trying to save his ass from legal trouble, I would be trying to get him some professional help with his everyday living.

    http://www.wilsonhumanesociety.org/neglect.htm

    And if you think getting the video and photo evidence thrown out of court because it was recorded illegally, you may have another thing coming.

    Take a look at this report.

    2 men in California broke into someone's property and stole CD's. When they got home they played the CD's on there computer and found child pornography.

    The men took the CD's to the police department, the police department got a warrant and served the warrant on the property that the burglary took place. On that property they found more CD's containing CP as well as on hard drives of a few computers and then arrested the owner of the CP.

    No charges were pressed against the 2 men who burglarized the premises.

    http://articles.cnn.com/2011-10-06/u...s-cds?_s=PM:US

    1. Sponsored Links
       

Similar Threads

  1. Animal Offenses: Student Visa Holder Facing Possible Domestic Animal Cruelty Charges
    By clarissa2046 in forum Criminal Charges
    Replies: 3
    Last Post: 12-24-2010, 01:06 PM
  2. Pets and Animals: Coloring A Domesticated Animal, Or Moving And Trapping A Wild Animal
    By Guilty Or Not Guilty in forum Personal Property
    Replies: 5
    Last Post: 11-24-2009, 02:07 AM
  3. Pets and Animals: Website Threatens to Commit Animal Cruelty
    By Jeff3 in forum Personal Property
    Replies: 3
    Last Post: 11-07-2009, 01:58 PM
  4. Copyright Law: Video Games Loosely Based on a Movie
    By Dr.Boo in forum Intellectual Property
    Replies: 1
    Last Post: 09-14-2009, 08:16 AM
  5. Initiation of Charges: Animal Cruelty Statute of Limitations in California
    By buck77 in forum Criminal Procedure
    Replies: 3
    Last Post: 07-29-2006, 11:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources