2/28/12 (via e-mail)

Dear Councilman Reda:

I live in your district at 121 Glenrich Avenue, Wilmington, DE 19804. Please bear with me,
because this problem dates back to June 7, 2011.
On that date, one of my cats got loose while I took out the trash. He headed for the neighbor's
yard, where her dog attacked him. Although the cat required extensive veterinary care
($4,000.00) he survived. I was cited for not having his rabies vaccination up to date. My neighbor
was cited for an unlicensed dog and not having an up to date rabies vaccination. My cat served
his quarantine at the vet's office. Her dog was at home.
Since that time, my neighbor has become increasingly hostile. In fact, late that same summer I had
to call the police because my neighbor was shouting profanities at me from her yard. She has
repeatedly called Animal Control, claiming that my cats are in her yard. Other than on June 7, my
cats stay inside. They do NOT go outside. I am aware of the three-day rule about feeding stray
animals and DO NOT feed outdoor cats that come into my yard. In fact, the cats my neighbor
complains about are not stray, and belong to another neighbor - which fact I have told the Animal
Control Officers that come to my house.
Animal Control officers repeatedly come to my home while I am at work and leave notes. I always
call them back, and we always go through this same information. A couple of weeks ago, they
have left four notes on my door. I called them on 2/21/12 Cpl Webb was not on duty, so I left my
day number for him to call. When he called the next morning I was informed that they plan legal
action against me and are intending to get a search warrant because I am harboring stray cats in
my home. My cats, while rescue animals, all have veterinarian care at Circle Veterinary Clinic.
I do not know where to turn for help in this matter - I reached out to a friend involved in animal
rescue, and eventually got in touch with Kent County Levy Court Commissioner Jody Sweeney.
Commissioner Sweeney is involved with a small group of people working to address issues with
the KCSPCA, including problems with Delaware Animal Care and Control officers. (You may
have received one of the packets of materials they sent to all elected officials in the State.) They
advised me to contact you and ask for your assistance.
Is there anything you can do to stop this harassment?
Sincerely,
Marianne Hudson
121 Glenrich Avenue
Wilmington, DE 19804
(302) 367-6615

From: Kevin Usilton [mailto:k.usilton@kcspca.org]

Sent: Thursday, February 23, 2012 10:31 AM
To: Jody Sweeney
Subject: Hudson

The big issue is that Ms. Hudson and her neighbor do not get along well but the Hudson cats end
up in the neighbors yard and the neighbors dogs end up attacking and killing or injuring
Hudson's cats. Each visit that we have made to Ms. Hudson she has been less that cooperative.
She refuses to produce rabies information for the cats and refuses to keep the cats from causing a
nuisance for her neighbor. The dog owner keeps her dogs contained in her fenced in yard but the
cats keep coming over. We have had two cases where the dogs have either injured or killed a cat.
We have been dealing with Ms. Hudson since Oct 2010 and the most recent complaint was
2/13/12. There is a total of six complaints regarding her cats and the nuisance issue. New Castle
County does have a nuisance animal ordinance which she is in total disregard of at this point.
She fails to contact officers back she slams doors in their faces and crumples up notices and
tosses them on the ground.
This is why we are heading in the direction of getting a search warrant because of her failure to
comply with the officers requests and we have reports of 10 or more cats in the home and more
outside.
As for the process of getting a search warrant we have to do the same things that any law
enforcement agency would need to do. Build the case gain probable cause and submit it to the JP
courts for a judge to approve or not approve.
If we go to a home and the person does not want us to come inside we do not enter the home we
would have to leave and obtain a search warrant. However we do have the right to inspect
someone's yard if we have probable cause to be at the residence. (this is written in to the statute)
However we are not allowed to enter a yard and look around if there is a fence with a closed
gate. All that is allowed to do in that instance is go and knock on the door and see if someone is
home.
The same rules that apply to police officers apply to us and we follow those rules, for example if
we are at a persons home and they invite us in we can go ahead in but if during that time they
request we leave then that is what we do.
If we or any other law enforcement agency has obtained a search warrant that has been signed
by a judge the homeowner does not have the option to refuse entry. Our policy on serving search
warrant or arrest warrants is that there are at least 2 ACO's and we are accompanied by a police
officer. That is the basic policy if you want the full one let me know.
Now there are exceptions to the search warrant rules and if you want that let me know I will get
that to you but the basic explanation is exigent circumstances that would need immediate action.
For example a dog in a hot car in the summer that is about to die if no action is taken.

Please feel free to inform this New Castle county resident that action will be taken if she
continues to violate New Castle Laws.
This is one example of cat issues which plague our state that are basically unaddressed in Kent
and Sussex county.
Let me know if you need any further information.