Latest Case This Week: New Hampshire v. Fay (N.H.)

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New Hampshire v. Fay

Court: New Hampshire Supreme Court

Docket: 2018-0402

Opinion Date: December 2, 2020

Judge: Anna Barbara Hantz Marconi

Areas of Law: Animal / Dog Law, Constitutional Law, Criminal Law

Defendant Christina Fay appealed her convictions on seventeen counts of cruelty to animals. The Wolfeboro Police Department executed a search warrant at defendant’s residence in June 2017 with the aid of the Humane Society of the United States (HSUS) and others, pursuant to which over seventy Great Danes were seized. One of defendant's employees informed the police that there were seventy-eight dogs living at the residence. She stated that the dogs rarely went outside and were not housebroken, and that the residence was covered in animal waste. She reported that the dogs only received water when they were let outside, but that it was not uncommon for the dogs to remain inside for an entire weekend. She also stated that the dogs were fed spoiled meat, and that many vomited often, were underweight, and had liquid stool. In addition, the employee stated that there were riding crops located throughout the house to break up fights among the dogs, and that one dog would bite anyone other than defendant who got near it. Because police did not have resources to execute a search warrant and seizing seventy-eight dogs, HSUS was called to assist in the search. Every member of the police department, the Wolfeboro Fire Department, members of the ambulance team, employees from other town agencies, and staff from HSUS and the Pope Memorial SPCA, executed the warrant on June 16, 2017. Defendant moved to suppress the evidence seized as a result of the search, arguing, among other things, that HSUS’s involvement violated her right to be free from unreasonable searches and seizures. After a hearing, the trial court denied the defendant’s motion. Defendant argued on appeal that the trial court erred in denying her motion to suppress. Finding no reversible error, the New Hampshire Supreme Court affirmed the trial court.