GA Department of Agriculture, Can they trespass?How much authority do they have?

by **insanejedigirl** » Mon Aug 06, 2007 12:56 pm

The Georgia DOA came to our hobby farm and found some problems with our horse. She said she was too skinny and her hooves needed work. Fine, we called out a local vet and she came. The vet said the horse was obese and put her on a diet. On a follow up visit a week and half after that, the hooves were taken care of. Today, the "Inspector" apparently hopped our fence, went into the horse pasture, and inspected the water. Upon finding a note on our gate and a call back, the DOA said the water was too warm for the horse.(I had never heard this in my years of horse keeping). My question is, can the Department of Agriculture jump over a fence, with clear "Beware of Dog" and "No Trespassing" signs in clear view? This was a non-emergency, as the horse had plenty of water, it was just "too warm". Also, she dated the paper work 2:45 and we arrived home at 1:40. We took pictures of the date and time currently ( at 2:00pm, 8/5). Is this a big enough discrepancy to hang her on ? I have a degree in Forensics, and we are taught this could make or break a case.....Any help would be great.

by **James** » Thu Oct 18, 2007 5:44 pm

The DOA has the power to inspect any stable without prior permission.

by **Bruce** » Sun Dec 30, 2007 10:32 pm

40-13-13-.03 Give GA DOA authority to enter private property for the purpose of inspection.http://rules.sos.state.ga.us/docs/40/13/13/03.PDFThe difference in time is a technicality that will have no affect on her findings. An error is only a defense if it relates directly to the elements of the offense. For example, if there was a sign that said "No Parking ater 2:00", and it was actually 1:40 you would have an argument. In your case, an hour makes no difference.