Sorry it wouldn't let me edit to make it more clear so here is my edit:
Without the consent of the owner or renter of the house, the police cannot search or enter the house without a search warrant signed by a judge. They can even hear barking - it doesn't matter - they can't enter. If the dog is in plain site in the house and they are at the door, and Zeke is ID'd, then they can enter and seize the dog without the warrant. If the dog goes into the yard - front or back and is in plain site and is ID'd then they can seize the dog from either yard, but not the house.
If the occupants are tipped off that someone is looking for the dog they can move that dog before the police get a search warrrant. The cops may not have legally sufficient reasonable suspicion to believe that Zeke is there until after they have gone to the house, heard a dog bark, and seen suspicious behavior from an occupant (this assumes they haven't seen the actual dog and it hasn't been ID'd) In that scenario, the cops still have to get the search warrant if they don't get consent to search. In that time, the dog can be moved. |