Conway

This appeal presents the question of whether animal control officers can lawfully enter a home, absent a warrant or consent, to seize and impound the homeowner’s dog for violation of a leash law. We hold that the Fourth Amendment of the United States Constitution precludes such conduct.

Background

In 1956, the City of Pasadena (the City) adopted an ordinance, entitled the “animal ordinance,” that provided for the care, custody, and control of animals (Pasadena Ord. No. 4384, codified as Pasadena Mun. Code, tit. 6). The ordinance created the position of poundmaster, whose duties include the seizing and impounding of dogs found running at large. (Pasadena Mun. Code, §§ 6.08.020, 6.08.080.) A dog is “at large” if it is “in or upon any public street, alley or other public place or in or upon any unenclosed lot or premises, unless [it] is securely confined by a strong leash securely and continuously held by the owner of such dog, or confined within an automobile.” (Id., § 6.04.020, subd. B.)

The poundmaster may be a natural person or a corporation and “shall be appointed by the legislative body of the city.” (Pasadena Mun. Code, § 6.08.020.) The deputy poundmaster must be a…