Opinions desired on the case of a stolen dog - Page 1

Assuming the facts of a case can be demonstrated to be as follows, what is your opinion as to who would be supported in a civil case?

A purebred, reproductively intact, field trial, hunting dog is stolen. The owner of the dog fails to find it in a search that only lasts a week or two.

The dog is subsequently turned into an animal shelter in poor health a couple of months after it was taken.

A "rescue" group pulls the dog from the shelter and adopts it to someone who expends effort and finds the original owner.

The original owner wants the dog back - but the rescue group will only agree to give it back STERILIZED.

The original owner wants it INTACT because it's value in his breeding program becomes NIL if the dog is castrated/spayed, etc...

What do you think?

To me it seems clear cut that the dog should be returned, intact to the owner, regardless of the opinion of the rescue group as to the breeder's status as breeder.

I was surprised to see that on craigslist the overwhelming opinion is that the rescue group is totally in the right.

If he has proof that he owns that dog, then yes he should definitely get it back intact.  If he didn't, I would sue for loss of property. 

 I used to operate a rescue and I would STILL give him his dog back intact.

That would not be a surprise since many on Craigslist believe that all humans should be sterilized.

The dog should be returned intact.  The registered, legal owners SHOULD have legal right to the dog without the resuce group cramming their opinions down the owners throats.  Of course the way things are anymore the rescue group will win, the dog will be "fixed" and placed with a home of the rescue group "approves" of.  To heck with the legal owners.........  

Not surprised the groupies on craigs list are for the rescue group.   (nothing againgst craigs list per se, just the rescue groupies on there)

 The rescue group does not appear to be in the "right", they do not own the dog. The owner owns the dog and has the decision making power.

Since the owner owns the dog, the person in possession does not. Repossess the dog and bring a lawyer with you! !

Opinion does not matter, case law does. To reiterate the owner 'owns' the dog. The rescue group does not.

It depends on what the stray dog laws are in that state. In NH (the only  RSA laws I know well) a stray dog is only required to be held for 7 days for the owner to find. If at the end of the 7th day the dog is not recovered by owner, or the shelter does not have proof positive (ACO report, microchip, tattoo) who the owner is,(if the shelter knows who the owner is, by law they have to send a registered letter giving the owner info and a determined amount of time to claim the dog, pay the fines and pound fees) the dog, by law belongs to the shelter. The shelter than can do as it wants with the dog. If the shelter does a rescue disposition and turns the dog over to a rescue organization, then per the NH law, the dog belongs to the rescue, and they can determine what they want to do with the dog. If the rescue wants to alter the dog, they can.

It happens in my shelter all the time. We do not offer a dog or cat for adoption without altering. If an owner finds their dog or cat after it is legally our's (cat laws are different than dogs, I do not have to wait any specific period of time before I alter or adopt out a cat) I can charge them several fees. 1) pound, 2) shots and altering 3) if it is a dog, and it was not or they cannot provide proof of rabies and licensing, there is a city fee (refundable within 72 hours once proof is supplied).

Assuming all the facts are correct then the owner should get the dog back.

However; and for good rescue people this does not apply to you, plus I have rescued several dogs myself, some of the people involved in dog rescue are almost psycho and get so anal they add to the problem vs fixing the problem. I knew one lady who had over thirty dogs and no one ever met her requirements and in her mind it was better for the dogs to live with her all cramed in a small kennel and if lucky got out to play for 10 minutes per day. I saw her turn down alot of people for in my opinion dumb reasons. Sorry if rude and it is hard to understand how anyone could mistreat or dump off their dog but the world has many good dog lovers that treat them right and sometimes you have to take a chance and trust the dog will be taken care off.....

 Hi DeesWolf, 

Can you provide the statute please? 

If I was the owner and knew where the dog was, then go there and grab the dog back as in ALL 50 states 99.99% of ownership is possession and the court costs are not worth it plus the time you spent getting him back legally he'll be ancient.  The law is NOT on your side as he can not proof the dog was actually stolen...  They can claim he 'got out' or the owner was neglicent.  

Ask me, as I fostered a dog, and she kept him, had him him neutered, chipped and the attorneys charge $200+ an hr.  Plus, she moved and I have no clue where she is.  I put an ads out everywhere in hopes someone will see the witch.  I will even pay reward monies! So there you have it, just take him back and then see if they are willing to spent the money on attorneys, which i doubt they will. 

Lesson here, do not foster, do not let your dogs out of your sight, do not use brokers, do not trust ANYONE and secure your property like a forttress if you are a 'kennel' which allows visitors!!! 

How TERRIBLE.

Here's what to do, in my opinion (if it was MY dog)...
Go to the local SHERRIFF'S OFFICE in the county where the dog is being held. The owner needs to take this male's registration papers (for proof the dog is indeed his/hers), former pictures that show the dog, microchip, vet records (owner should have documents that states rabies tag #-the dog should have such info on his collar tags and will match the vet records), tattoo, whatever- anything he/she has to document that this was indeed this person's dog. Tell the Sherriff the story, then have the sherriff accompany the owner to the location where the dog is being held (no forewarning to the rescue place), and GET the dog. No one has the right to have the dog BUT the owner, and I sure don't see how they would be able to do anything but  give it up without alteration or anything. They don't have a right to hold the dog if the owner can prove it's his/her dog right then and there. If there's any further issue between the rescue place and the true owner, the rescue place will have to deal with it in court, IF they wanna take it that far, but I can't see that happening because that would cost money for a needless cause. The reaction of the dog seeing the owner again should be proof positive to the Sherriff of true ownership, also.

I wouldn't let any grass grow under my feet on this-I'd do it quick and get my dog back before something happens. Call your local Sherriff and ASK them if this is the route to go in order to get back the dog-it doesn't hurt to call and ask them to make sure first-even if the local sherriff isn't the sherriff who would be accompanying the owner to get the dog. Good luck.