As of Thursday, April 17, 2014
PORTLAND (AP) — The Oregon Court of Appeals has thrown out the conviction of a Portland-area woman found guilty of starving her dog.
The court found the conviction was based on evidence from a veterinarian who treated the animal without a warrant.
That violated the owner’s right to be free from unreasonable search and seizure of her property.
The Oregonian reports Wednesday’s ruling could make animal cruelty cases more difficult to investigate and prosecute.
The court reversed the 2011 misdemeanor conviction of Amanda L. Newcomb whose dog was seized in December 2010 because it appeared to be starving. The dog recovered after it was fed at a kennel.
The appeals court ruled that animals are personal property under the eyes of the law and owners have rights.