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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111537
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My serval cat was seized and I was charged with possession

Customer Question

My serval cat was seized and I was charged with possession of a potentially dangerous animal. There is no reference to this breed in the statute 26-40a CT as being banned. The DEP has been unable to provide us an answer as to where in the statute or any regulation gave them the authority to deem this animal dangerous. There was no incident with the animal. My attorney filed a motion for them to provide this info and they can not... is this a violation of due process? The DEP provided inaccurate information regarding the law to take my animal and even proposed to the judge that the DEP would just come in and say I was afraid of my own animal--- That's lying?? how is this ok??
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is a violation of taking your property without a warrant or proper legal authority in violation of your 4th Amendment rights. Your attorney is going to need to take this matter to court and seek return of the property (cats are considered property) and also damages for the harm they caused you with this violation of your rights in the improper seizure of your property and emotional harm that improper seizure caused you to suffer.
So you need your attorney to take this to court and get the court to issue a judgment against them for taking the cat unlawfully.