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  1. #1
    Join Date
    Apr. 1, 2003
    Location
    hamburg, pa USA
    Posts
    469

    Default This is why the Police do not want to get involved...

    There are always post about retrieving a horse in the middle of a dispute. Most times when the police are contacted, they decline to get involved. Here is a good reason why they decline.

    http://readingeagle.com/article.aspx?id=182179



  2. #2
    Join Date
    Jan. 12, 2007
    Posts
    4,227

    Default

    That sounds like more of a civil matter than a misappropriation of property or theft by deception like most horse cases are.

    Personally i think the police should have handled it better/differently.
    "If you don't know where you are going, any road will take you there"



  3. #3
    Join Date
    Nov. 4, 2003
    Location
    Dallas, Georgia
    Posts
    16,525

    Default

    It's an event better example of why you should never, ever do things with a "Verbal Agreement." If it ain't in writing, it doesn't exist.
    <>< Sorrow Looks Back. Worry Looks Around. Faith Looks Up! -- "When they try to tell you these are your Golden years, don't believe 'em.... It's rust."



  4. #4
    Join Date
    Aug. 9, 2007
    Posts
    9,009

    Default

    Actually, since the dog owner could have sworn out a warrant for the return of her dog (registered to her) the police chief should be OK. Anyone can sue anyone anytime, it's the winning that counts, and the police chief will probably be granted summary judgment by the court.

    And while it is always best to have everything in writing (and the emails that the owner had convinced the police that she was telling the truth, didn't they?) parole evidence (oral) is admissible in court.

    Police officers can be called to "keep the peace" in civil cases, such as when people break up and the guy or woman needs to get his/her clothes and possessions out of a house or apt, and also to help with retrieving horses. I got one to go with me to get my friend's horse, so neither she nor the BO would end up in jail or worse. And so the horse wouldn't be killed.

    Actually the police chief in this case did a good job, IF he just said the owner could get a warrant. Hopefully he did not say that there was a warrnat sworn out when there wasn't one.
    $37000 dog, and some of you complain about paying that for a horse.

    And, some cases can have both civil and criminal remedies. This case would have been "theft by taking" or "theft by conversion" in my state, both felonies over 500$, and a civil remedy would also have been avaiable. Swearing out a warrant, btw, is a good way to get something back without hiring a lawyer.



  5. #5
    Join Date
    Nov. 18, 2004
    Location
    Catonsville, MD
    Posts
    6,882

    Default

    While getting into a situation like this is pretty dim, it's not that unusual, and I don't see anything silly about asking the police to help. It's what they're for. I think there are a lot more cases like this than there are giant SWAT team stakeouts & violent drug busts.

    Anyone can sue for anything. Whether the judge will do anything but giggle at them is another story entirely.
    I tolerate all kinds of animal idiosyncrasies.
    I've found that I don't tolerate people idiosyncrasies as well. - Casey09




  6. #6
    Join Date
    Apr. 1, 2003
    Location
    hamburg, pa USA
    Posts
    469

    Default

    I agree that it will probably amount to a case thrown out of court. But, it is an example of the warnings given here daily.



  7. #7
    Join Date
    Nov. 13, 2002
    Location
    PA, where the State motto is: "If it makes sense, we don't do it!".
    Posts
    11,023

    Default How does their contract read?

    And if there's no contract both parties are fools.... This should be a simple breach of contract, or not.... Can you tell I've been watching the court shows during the day?

    Had there been a contract in place this fiasco need never had occurred. If I were this policeman I would never have acted on repossessing the dog unless and until a contract was produced for my reading pleasure....



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