State v. FIFTEEN IMPOUNDED CATS

[¶ 42.] Because the facts of this case do not constitute “exigent circumstances” as that phrase is used in SDCL 40-1-5, I respectfully dissent. The trial court’s order ratifying the impoundment of Ms. Edwards’s fifteen cats was error, and Ms. Edwards’s cats should be returned to her care. Furthermore, the requirements of SDCL 40-1-5 were not met initially, and the State cannot require Ms. Edwards to pay the costs of her cats’ care as a condition of their return to her.

[¶43.] This case involves a matter of statutory interpretation. Our rules of statutory interpretation are well settled. “The…