Increased Protection for Animals in Danger in Massachusetts Presentation

1. Increased Protection for Animals inIncreased Protection for Animals in
Danger in MassachusettsDanger in Massachusetts

2. •Recently, the Massachusetts Supreme Judicial Court made a monumental
decision in the case of Commonwealth v. Heather M. Duncan. The ruling
allows law enforcement to enter private property without a warrant when they
have reason to believe an animal’s life is at risk. This new precedent parallels
a similar protection for human life, the “emergency aid” exception.

3. •Commonwealth v. Heather M. Duncan dates back to 2011. After receiving a
call from her neighbor, police entered the property of Ms. Duncan without a
warrant to remove three dogs left outside in inclement weather. Officers found
two dogs already dead and a third extremely emaciated. The courts charged
Ms. Duncan with three counts of animal cruelty, which she challenged by
claiming that the police had entered illegally because they lacked a warrant.

4. •The ASPCA filed an amicus curiae to urge the court to allow police to enter
homes without a warrant in the case of suspected animal abuse. Importantly,
this ruling encourages other states to take similar measures.