Tresa Baldas

Detroit Free Press

A Detroit man's lawsuit involving his dogs Rocky, Puppy and Mama gave a boost to pet owners across the city today as a federal judge ruled that animal control officers can no longer search peoples' homes for vicious pets without a warrant — at least for now.

U.S. District Judge Nancy Edmunds issued a temporary injunction that prevents the City of Detroit from enforcing an ordinance that for years has allowed animal control officers to search peoples' homes for dangerous or vicious dogs without a warrant. That special police power was granted to the officers in 2004, when the city's Animal Control Ordinance was amended to allow for warrantless searches.

More than a decade later, a group of pet owners would meet on social media to vent their frustrations about the searches and file a lawsuit. The lead plaintiff is Detroiter Floyd Hardrick, who says animal control officers broke into his home last summer while he was at work and seized his three dogs.

Hardrick and others have argued these searches are a violation of their Fourth Amendment right to be free from unreasonable searches and seizure.

Edmunds agreed.

"The public interest is served by an injunction here because it will protect the due process rights of all dog-owning Detroit residents," Edmunds wrote in her 13-page order. "The court has little trouble concluding that the public interest under the Fourth Amendment is far greater than any law enforcement objective advanced by (the ordinance)."

The ruling came as a big legal and emotional win to plaintiffs like Hardrick, whose three dogs all died after getting seized by animal control officers. According to the lawsuit, animal control officers broke into his home on July 13 while he was at work following a complaint about one of his dogs roaming the neighborhood. It was Mama. She had broken through a screen and had escaped, but returned home later that day, the lawsuit said.

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When officers arrived at his home, they found all three of his dogs. Rocky was secured to a chain in the backyard; Puppy was in a crate in the basement; and Mama was there, too. The dogs were taken to a shelter, where Hardrick eventually went to retrieve them. It would cost $130 per dog to retrieve them. He could only afford one, and took Rocky home.

But Rocky died four days later after contracting a "severe case of kennel cough" at the shelter, the lawsuit states. Hardrick believes the other two dogs were euthanized.

"I witnessed deplorable conditions in the shelter and of the dogs, some of whom looked like they were dying in their cages and/or had been abused," Hardrick wrote in an affidavit. "I also observed several dogs with open patches of raw skin."

City officials were not available for comment, but have defended the city's efforts to enforce animal control laws, saying "the city's consistent practice has been to enter a residence based on owner consent or exigent circumstances." City attorneys also accused the plaintiffs of trying to "pursue a hypothetical claim."

Edmunds disagreed, noting Hardrick's dogs were seized without a warrant, consent or exigent circumstances, and that "several other plaintiffs" shared similar experiences with the city's animal control division. She also noted that while the city has committed to improving conditions at the shelter, "there is no question that death or serious illness causes irreparable harm to the animals and their owners by way of lost companionship."

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Attorney Steve McKenney, who is representing the plaintiffs, said he expected a favorable decision from the judge.

"We thought we had some good law on our side," McKenney said. "These weren't situations where people needed to have dogs taken out of their homes right away. It was the city abusing its authority."

Contact Tresa Baldas: tbaldas@freepress.com