Brian Travis invaded by bureaucrats

[AntonLee]

is it possible to break the law, but not break the law, but break the law again?

[Peacemaker]

I called the spca; there is an extension, maybe #4 or #5, that is for reporting stolen animals.. perfect! , I thought, and report the theft of horses in Candia by Steve Sprowl.

I also noticed that they don't seem to be answering their phones, a few of the extensions I tried, which means it is either a shoestring operation, or they are not too enthused about the nature of the calls they have been receiving.  

If it's the office in Exeter, then I bet they weren't answering due to "the nature" of the calls because I've always seen plenty of people to answer the phone when I've been there.

[Peacemaker]

Apparently, no one's been charged with anything yet.

Unbelievable.

[Peacemaker]

just want to point out that the video being passed around does not really explain why the horses were taken...that is, what the excuse was..i think the video would be much more effective if that were explained in a little more detail, and at the beginning of the video rather then the end. otherwise, i think most people will just assume that the spca must have had a good reason for taking the animals.

I knew who was behind the camera (and about the earlier incident), so naturally I trusted the story...but good analysis/idea, I think you're right in that a explanation in the beginning would help better tell the story of this Horse Heist.   

[Coconut]

is it possible to break the law, but not break the law, but break the law again?

Is this some sort of lateral thinking puzzle?

[Pat McCotter]

From seacoastonline.com:
12 horses seized by N.H. SPCA
Largest rescue in recent history
March 10, 2009 5:51 PM

STRATHAM — The New Hampshire SPCA assisted Candia Police in removing 12 Arabian horses from a property in Candia today. The horses were not receiving proper care and shelter and were determined by a veterinarian to be at risk. The horses are being held by the New Hampshire SPCA in protective custody.

Steve Sprowl, Field Services Manager for the N.H.SPCA, was contacted by the Candia police department with regard to horses that were not afforded shelter, despite the state law requiring it. Sprowl called in the services of the N.H.SPCA Disaster Response Team to assist in the rescue. Two veterinarians on scene determined which horses had to be removed from the property.

"The New Hampshire SPCA has cared for more horses this winter than any of us can recall," said Lisa Dennison, Executive Director. "Of the 10 that were recently in our care, six of them have found homes. This rescue has put new demands and additional strain on already tight resources."

The New Hampshire SPCA is asking for the support of the community to assist with the care and rehabilitation of the horses.

"Animals held in protective custody must remain with us until their case is resolved. These 12 horses join four others already in our care, two of whom are also in protective custody. It could be months, or longer. We are hopeful that the case will be expedited."

Those wishing to help with the care, medical treatment, and recuperation of the horses can make a tax deductible contribution to the N.H.SPCA. Donations should be directed to the SOS Fund and can be made via the Web site www.nhspca.org, by phone at 772-2921, ext. 105, or by mail to SOS Fund, P.O. Box 196, Stratham, NH 03885.

The New Hampshire SPCA is a community resource center that provides animal adoption, education, investigation and sheltering services in a professional and compassionate way. The Adoption Center is open from 11 a.m. to 4 p.m. on Monday, Friday, Saturday and Sunday; 11 a.m. to 7 p.m. on Tuesday and Thursday, and closed on Wednesday. For information about the N.H.SPCA, visit www.nhspca.org.

[Porcupine_in_MA]

From seacoastonline.com:
12 horses seized by N.H. SPCA
Largest rescue in recent history
March 10, 2009 5:51 PM

STRATHAM — The New Hampshire SPCA assisted Candia Police in removing 12 Arabian horses from a property in Candia today. The horses were not receiving proper care and shelter and were determined by a veterinarian to be at risk. The horses are being held by the New Hampshire SPCA in protective custody.

Steve Sprowl, Field Services Manager for the N.H.SPCA, was contacted by the Candia police department with regard to horses that were not afforded shelter, despite the state law requiring it. Sprowl called in the services of the N.H.SPCA Disaster Response Team to assist in the rescue. Two veterinarians on scene determined which horses had to be removed from the property.

"The New Hampshire SPCA has cared for more horses this winter than any of us can recall," said Lisa Dennison, Executive Director. "Of the 10 that were recently in our care, six of them have found homes. This rescue has put new demands and additional strain on already tight resources."

The New Hampshire SPCA is asking for the support of the community to assist with the care and rehabilitation of the horses.

"Animals held in protective custody must remain with us until their case is resolved. These 12 horses join four others already in our care, two of whom are also in protective custody. It could be months, or longer. We are hopeful that the case will be expedited."

Those wishing to help with the care, medical treatment, and recuperation of the horses can make a tax deductible contribution to the N.H.SPCA. Donations should be directed to the SOS Fund and can be made via the Web site www.nhspca.org, by phone at 772-2921, ext. 105, or by mail to SOS Fund, P.O. Box 196, Stratham, NH 03885.

The New Hampshire SPCA is a community resource center that provides animal adoption, education, investigation and sheltering services in a professional and compassionate way. The Adoption Center is open from 11 a.m. to 4 p.m. on Monday, Friday, Saturday and Sunday; 11 a.m. to 7 p.m. on Tuesday and Thursday, and closed on Wednesday. For information about the N.H.SPCA, visit www.nhspca.org.

It's good to know that they have balanced reporting of the incident, trying to get all parties involved perspective.

[dalebert]

Cops can always confiscate "contraband", but they can't necessarily use the confiscated items against you.  If Miller had a grow op in his closet, they could have taken the plants, but not charged him, cause they weren't on the warrant.

I'm certainly no expert on the law, but I'm pretty sure that anything they find under a "legitimate" search is usable, even if it's unrelated to the reason for the search. If they have a warrant and if they find something else while there, I'm pretty sure they can act on it according to the laws they made up. I just want people to know that for future reference. That said, this warrant seems pretty questionable and it sounds like there wasn't anything to find anyway.

[Tunga]

this warrant seems pretty questionable

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It's a put on.

[Tunga]

One more paste eater identified through forensic evidence.


We really will miss that lucky thirteen.

If it makes you feel better though, we're so happy for you.

Sleep tight my little baby cakes.

Mommy will tuck you in.

[KBCraig]

Cops can always confiscate "contraband", but they can't necessarily use the confiscated items against you.  If Miller had a grow op in his closet, they could have taken the plants, but not charged him, cause they weren't on the warrant.

WARNING -- WARNING -- WARNING!!

THIS IS ABSOLUTELY INCORRECT!

Sorry, Ian, I'm not yelling at you, but I didn't want to take a chance that anyone might rely on this, because it's completely wrong.

Once their entry into the house is "legitimate" (or even a "good faith mistake", per recent SCOTUS rulings), anything they see there is legitimate fruit of the search.

The current Supremes give huge latitude to police, so that even if they act recklessly and kick down the wrong door without a valid warrant, they can use anything they find.

[KBCraig]

From seacoastonline.com:
12 horses seized by N.H. SPCA
Largest rescue in recent history
March 10, 2009 5:51 PM

STRATHAM — The New Hampshire SPCA assisted Candia Police in removing 12 Arabian horses from a property in Candia today. The horses were not receiving proper care and shelter and were determined by a veterinarian to be at risk. The horses are being held by the New Hampshire SPCA in protective custody.

It's good to know that they have balanced reporting of the incident, trying to get all parties involved perspective.

You forgot your " ". 

The UL has a better article today:

http://www.unionleader.com/article.aspx?articleId=f2af1271-779f-4dd4-b4dc-a7b9cb41066c

At issue: Were seized Candia horses at risk?

By GRETYL MACALASTER
Union Leader Correspondent

CANDIA – Twelve horses were seized Monday over concerns about proper care and shelter.

But the property owner, Brian Travis, said the horses are perfectly healthy and alleged they were taken because of a dispute with Steve Sprowl, an investigator with the New Hampshire Society for the Protection of Cruelty to Animals.

Police Sgt. Scott Gallagher said the NHSPCA and the police department have been working together on the case for the past few months.

According to a news release from the organization, Candia police had contacted Sprowl regarding horses that were not afforded shelter, despite a state law requiring it.

The NHSPCA Disaster Response Team assisted police in removing 12 Arabian horses that were determined by a veterinarian to be at risk. Two veterinarians on-scene determined which horses had to be removed from the property.

Two veterinarian technicians from the New Hampshire Department of Agriculture, Markets and Food were also on scene.

No charges have been filed in relation to the seizure; Candia Police Chief Mike McGillen said the investigation is ongoing. He would not comment on where the complaint originated or what the probable cause was for executing the search warrant, which has been sealed.

Gallagher said any proof for a warrant would have to be more substantial than just a concern in order to obtain a warrant.

Travis and his wife, Heidi Fredrick, own about 40 acres at 456 Critchett Road. They have about 30 horses, 17 of which remain on the property. The backyard is dotted with shelters and paddocks, some in the process of being built. Sprawling bales of hay fill paddock areas and the front lawn.

The couple moved to New Hampshire last summer with the Free State project and brought the horses with them. Travis said Fredrick has had horses her entire life.

The Free State Project is an agreement among 20,000 people to move to New Hampshire, with a goal of creating a society in which the maximum role of government is the protection of life, liberty, and property.

In November, Sprowl attempted to search the couple's property to determine if there was adequate shelter for the horses, but was denied access because Travis was not home.

Sprowl called police and instructed Fredrick that if he were not allowed on the property, a search warrant could be issued and charges could be filed if adequate shelter was not found.

Fredrick told Sprowl if he wanted to reschedule when Travis was home, she thought that would be a fair arrangement.

Travis' son, Cooper, videotaped the exchange and was taken into custody after refusing to stop the recording. No charges were filed and Cooper was released the same day.

Travis said if the situation had been handled differently, he would have worked with Sprowl and shown him the work he was doing to provide the adequate shelter required under state law.

Sheila Ryan, director of development and marketing with the NHSPCA said Sprowl was not immediately available for comment because of the ongoing investigation.

Under state law, horses must be provided a roofed shelter with at least three sides from Nov. 1 to April 15.

Travis said he had no contact with Sprowl after the November incident and was never told that the shelter he provided was inadequate.

He acknowledged that some of the horses were thinner than he would like after a stressful move from Colorado and adjusting to the New Hampshire winter. He also said some areas had been temporarily crowded while new shelters were being built, but said none of the animals were in poor health or lacked shelter.

"Steve Sprowl has a vendetta against me because I didn't play by his rules; it is the only thing that makes sense," Travis said. "It seems to me if someone is abusing their animals the government has a right to get involved, but that is not happening here."

Under state law, only the state veterinarian or a licensed veterinarian can make a probable cause determination for seizing horses pursuant to a cruelty investigation, and horses cannot be seized without probable cause.

Teresa Paradis, founder and director of the Live and Let Live Farm, a non-profit rescue shelter for horses in Chichester said she received a call for help from Fredrick about six weeks ago.

Fredrick originally talked about sending nine or 10 horses to the farm because of financial difficulties. Paradis said Fredrick was then able to get money together for hay and only three horses were taken. Since then, the family's financial situation has improved, Travis said.

Paradis said although some of the horses were a little underweight, none were emaciated and she did not see signs of imminent danger to them.

She said she gave Fredrick some advice on shelters that needed repair.

"They seemed like very concerned people in a bad situation," Paradis said. "They did not seem set up for 25 horses."

The horses are being held in protective custody by the NHSPCA, but their location is unknown.

Monday's seizure was also caught on tape by Travis; it can be viewed on YouTube.

In the video, a number of trucks and trailers are shown, at least one of which had duct tape over the front license plate and over the name of the farm on the trailer.

McGillen said he did not see the duct tape himself, and that there was no directive from the police department to do so.

Under New Hampshire law, it is illegal according to police sources, to conceal the license plate numbers for any reason.

Ryan said the organization had no additional comment related to the seizure at this time because of the ongoing investigation, but hoped to have more information available in the next few days.


Sidebar:
NHSPCA

Role: The nonprofit organization is called in to assist with animal cruelty investigations in addition to being a community resource center providing animal adoption, education and sheltering services.

Authority: The NHSPCA is not an enforcement agency and has no authority to arrest or search a property, according to state and local officials. Candia Police Sgt. Gallagher said the power to arrest or charge someone with a crime against animals lies with local law enforcement.

[AntonLee]

I don't know Mr. Travis or anything, but wouldn't the end result of not caring for horses by providing "adequate" shelter be that the horses would die?  Doesn't seem to me that a guy who hauls his whole family with all their horses across the country would want them to die.  Seems to me that a person like that knows what his horses need better than the SPCA who, I'm sorry to say, can not be doing as good of a job as Mr. Travis.

does anyone think that the Government is taking better care of these poor horses?  I think that everyone involved here is guilty of helping to steal horses.  .  . from the douche from SPCA, to the Police, to the people who lent their horse trailers. 

[Russell Kanning]

anyone doing articles i would urge contacting folks on the other side and getting their view if possible
even if they dont respond it makes the story more powerful

the NH Free Press doesn't follow normal journalistic guidelines. We do not cover "both sides" of a story. We tell people what we know and let others tell their story. In this case we have the story from Brian's family and some of their friends. We also have the testimony of  the government workers on film. Kat has not received any replies from the government's "side". We have also not contacted those that were blocked from the road, the abducted horses or the ones wondering where their friends went. We will just have to run with the info we now have.

[doobie]

I saw a horse on a property last night on the way home in which I can't say I recall ever seeing a horse or a trailer on it.  I wonder if it is one of Heidi's?  It's this house for sale on Black Brook Road in Goffstown.  Someh what near Manchester.