State v. Kornell

Defendant appeals the district court’s order dismissing for lack of jurisdiction her motion to compel return of property. We reverse and remand the matter for further proceedings.

In July 1993, pursuant to a search warrant, a humane officer accompanied by several police officers seized eighteen dogs, twelve rabbits, and four sheep from defendant’s home pursuant to 13 VS.A § 354(b)(2) (humane officer having probable cause to believe that animal is being subjected to cruel treatment may apply for search warrant to authorize officer to seize animal). Shortly thereafter, defendant was arraigned on…