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Search & Seizure Information

This page is dedicated to the Search & Seizures that happened at both Turn-3 Ranch and the owner's home.  These clearly violate the defendant's 4th Amendment Right of protection against Illegal Search and Seizure

Animal Control lied to the media and the public.  Who else did they lie to?  Apparently Judges as well!

Here is where Officer Machelle Dunlap of Jackson County Animal Control swore under oath NO FOOD OR WATER FOUND ON PROPERTY.  She also LIES again on pg 2 where she says Mr. Mercier states he is a personal friend of Dr. Sray and Dr. Sray stated he had known Mr. Mercier since he was a child. 

Dr. Sray testified he has only ever been on the farm a maximum of 6 times in 2 years.  Mr. Mercier DID NOT grow up in the Jackson County area where Dr. Sray has lived nearly his whole life!

The pictures from 3/14/07 indicate this to be an outright lie.

 

The things they took from the barn.  What do some of these things have to do with "care of and transport of horses"?????  This was plain and simple a harassment tactic and ineptitude of the Officers

Notice that this is not an "official tabulation" or "return form".  This is because AC and Jackson County Sheriff Deputy's NEVER left one.  The owner was out of town at the time they searched his home.  The prosecutor stalled her feet and finally MADE ONE UP over 60 days after the search.  Someone grabbed a piece of paper out of a copy machine and started writing things down!  They claimed it "got lost".  Many things did not make it to this form.  Included were the horse's owner's TAX INFORMATION and W2 Forms.  He was unable to file his taxes on time as they took it and refused to return it.

AC went into his home, trashed it,  and threw stuff into the laundry basket they took and sorted it later!  Things are on this list from the search of the truck, which are addressed farther down the page.

 

Here is what was taken from the owner's house.  The Search Warrant was specifically for things related to "ownership records" of the horses.

Along with asking to search the owner's house, a request to search the pick up truck they seized at the barn was submitted.  Below find the report to the court asking to search it.  They clearly lied again.  Why is the "toolbox" Wheaton reported not found?  Because it was a LIE.  The vial of Reserpine (which is NOT a controlled substance) was in the horse trailer.  A picture was taken of it.  Why is it NOT on the tabulation form above?  They purposefully left it off there to plant it later!  There was only 1 vial on the property.  AC planted this "evidence," then locked the truck.  They also thought the horse's registration papers were in there and they NEEDED a warrant to retrieve anything from it. Great way to get a warrant, LIE!   They still have yet to produce 2 vials!

Animal Control also accused the owner (a Probation Agent) of having confidential court files at the barn and at his home.  AC went so far as CALLING the court where he worked to attempt to get him fired!  An Undersheriff from that county was dispatched.  He found NO confidential files but was cajoled by ACO Wheaton to search further!  He did not as there was apparently nothing to be found.  AC also took items they found in a LOCKED cabinet in the horse trailer.  Jackson County's HEAD Prosecutor Henry Zavislack fired off a letter to Court Administrators and the Chief Judge at the owner's court employer in another attempt to get him fired.  This was a blatant use of Ex-Parte communication and commenting on a pending FELONY case in his jurisdiction!

Many things are still missing from the truck and house.  Those include $500 cash for hay purchases, receipts for feed and hay, laptop computer has never been returned etc..  Proof exists that many things were stolen from the horse trailers including saddles.  PHT magnetics are ALL gone.  Leg wraps and Classic Equine and Professional Choice leg boots, Saddleright, Classic Equine and Gel Impact saddlepads are gone.  Mr. Mercier's PERSONAL medication from when he broke his leg is gone!

 

Resurpine Vial in trailer.  Look at how AC trashed the trailer.  They threw clothes out of the closet and walked all over them! Mercier's medication which has yet to be returned and  was NOT on tabulation form.
Here is the back tack of the horse trailer with the saddle missing.  This picture was taken by Animal Control.  They actually moved saddles around, notice the 2nd one in the picture was the one on the top rack!  The tub with SMBs is missing too!

  Things seized from horse trailer.  Do you see ANY of this stuff on tabulation form?  Is it even anything that would have to do with care of horses?  Defendant's have yet to have this stuff returned!

Pictures from the Search at the owner's house.  Can you identify WHY they took these pictures?  It was clear and simple harassment! Pictures of his refrigerator, dishwasher, fax machine and desk?

Animal Control also removed the plate from the Dodge Pickup and claimed "it must've been taken by the girl who drove it on the property" 3/20/07.  Here are pictures of the truck WITH the plate on it on 4/20/07.  Why was it missing when Mr. Mercier was finally allowed to get it off?  No one can account for WHERE the plate actually went!  It appears to be another attempt to get the defendants in trouble as a Sheriff Deputy was SUPPOSED to accompany Mercier there, however one was not available!
Damage to the pickup truck when AC seized it and left it in the pasture for many days!  During the first 2 days of seizure the horses were fed MINIMALLY and destroyed the truck looking for food!  The estimate from the body shop is $14,000.00 worth of damage!