Sun. Jan 17th, 2021

By Michael Cassie, The Associated Press

The state’s highest court on Wednesday dismissed an appeal new Hampshire The woman who argued her privacy was violated in the case, which eventually led to her being convicted for housing dozens of filthy and sick Great Danes in her mansion.

In a unanimous decision, the New Hampshire Supreme Court found that an attorney for Christina Fay had not violated her right to privacy and turned down her request to plead guilty. Fay’s lawyer argued unsuccessfully that officers violated her privacy when she allowed an animal welfare group to take photos and videos because it helped the dogs gather from her home.

The court also found that the state did not violate Fay’s right to be free from unreasonable searches and seizures. Fay’s lawyer argued unsuccessfully in a lower court that the evidence in the search should be suppressed because police failed to disclose that an animal welfare group would be participating when they requested a search warrant from a judge.

In 17 animal cruelty charges in 2018, Fay of Wolfborough was sentenced. A judge ruled that he would not be spending time in prison, but he would be responsible for paying more than $ 1 million to care for the dogs by the Humane Society of New Hampshire, which placed him with the new owners.

A lawyer for Fay did not respond to a request to comment on the Supreme Court’s decision.

Officers had obtained a search warrant and seized 84 dogs from Fay’s home. He said that the animals were living in filthiness and had health problems. Fay said she wanted to become the primary American collector of the European Great Danes and had been acquiring and breeding them since 2014.

Wolfborough police said they did not have the resources to transport and care for the dogs, so they enlisted the help of the Humane Society. The society agreed to pay to take care of the dogs.

Senior Assistant Attorney General Susan McGinnis argued in court that the Humane Society did not actually solicit funds after the photos were put, but explained its work on the case. After the search warrant was issued, Fay said, lost his right to privacy.

McGinnis also said that no court is required to tell police who they plan to use to assist on search warrants. He said the police department’s application for the warrant was clear that it would need help from the animal rights group.

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