Case Snapshot
Case ID: 16047
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Attorneys/Judges
Defense(s): Brian Radke


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Friday, Apr 17, 2009

County: Turner

Disposition: Dismissed
Case Images: 1 files available

Person of Interest: Dan Christensen

Case Updates: 3 update(s) available

A lawyer for a Turner County man facing multiple counts of animal neglect is asking a judge to throw out some evidence authorities obtained in a September raid of Dan Christensen’s farm.

A three-day hearing got under way Wednesday. Defense attorneys are questioning whether proper procedures were followed in the execution of a search warrant for Christensen’s property outside Hurley.

Rosie Quinn, whose Second Chance Rescue Center led the raid and seized 172 dogs, testified that she was invited along by sheriff’s deputies last April when they served an arrest warrant on Christensen for failing to hold a sales tax license.

Christensen’s lawyer, Brian Radke of Sioux Falls, says Quinn had no search warrant to investigate the kennels in April but that she used her observations to convince a judge to grant the warrant in September.


Case Updates

A Hurley dog breeder has filed a $5 million federal lawsuit against an animal rescue group and several Turner County officials, saying they illegally seized his dogs and puppies during a raid last fall.

Dan Christensen had been charged with 173 misdemeanor counts of inhumane treatment of animals after county officers and Second Chance Rescue Center of Sioux Falls raided his farm in September 2009.

But a judge in February ruled that the search warrants were illegally obtained, and prosecutors dropped all charges.

The lawsuit filed last week says Christensen suffered mental anguish, emotional distress and the loss of his property and business interests.

Calls to the Turner County state's attorney and rescue center were not immediately returned.
Source: News Channel 4 - Sept 8, 2010
Update posted on Sep 12, 2010 - 9:08PM 
The South Dakota Supreme Court has rejected an appeal from prosecutors in a dog raid case in Turner County.

Prosecutors filed the appeal in May after a judge ruled the search last September of Hurley dog breeder Dan Christensen's property and the seizure of 172 of his dogs by Second Chance Rescue Center was carried out illegally.

Because the Supreme Court rejected the appeal, prosecutors can't use any evidence collected from the raid in the prosecution of Christensen, who is charged with multiple counts of animal cruelty.
Source: keloland.com - Jun 16, 2010
Update posted on Jun 16, 2010 - 1:33PM 
A September raid of a Turner County dog breeder's farm was ruled illegal today by a Yankton judge.


None of the evidence from the raid will be admissible in court during the animal neglect trial of Hurley breeder Dan Christensen.

Christensen was charged with 172 counts of animal neglect after officers from Second Chance Rescue Center seized 172 purebred hunting dogs from his farm Sept. 2, 2009.


Today, Judge Tami Bern ruled that former Second Chance Executive Director Rosey Quinn deliberately misled the court in her request for two seizure warrants by failing to disclose information from a search of a separate Christensen farm six days earlier.


The Turner County Deputy who accompanied Quinn during the Aug. 27, 2009 search of the farm testified that while there was feces strewn about the dogs' living quarters, the animals “appeared to be OK.”


Quinn's request for the seizure warrant was denied until she offered information from an informal search in April, 2009.


Quinn resigned as executive director of Second Chance on Sunday, citing a desire to get out of the office and return to animal control work.


She said today that recent controversies - including legal questions surrounding the raid - played no role in her decision to step down.


Quinn declined to comment on today's ruling, however she said she had been informed on Saturday of the judge's impending decision.
Source: Argus Leader News - February 1, 2010
Update posted on Feb 1, 2010 - 10:09PM 

References


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