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Johnson, Hoyt, and Covey Find Kennel v. Smith

CASE SUMMARY

Married couple Scott Johnson and Harlene Hoyt of Winfield, Kansas, own and operate the dog training and handling business Covey Find Kennel, LCC, out of a facility adjacent to their home. To maintain the business’s license under the Kansas Pet Animal Act, either Johnson or Hoyt must be present at the property for an unannounced physical search within 30 minutes of an inspector’s notice, or potentially receive a no-contact fee.

The Act’s inspection requirement permits the Kansas Department of Agriculture to trespass on people’s property and invade their privacy without first showing probable cause to a judge. This licensing and warrantless search regime violates the Fourth Amendment, as well as the fundamental right to free travel and movement.

In a June 2024 NCLA victory, the U.S. Court of Appeals for the Tenth Circuit reversed the Johnson v. Smith decision of the U.S. District Court for the District of Kansas that uphheld the inspection requirement, giving the district court the chance to overturn it.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Decision of the U.S. Court of Appeals for the Tenth Circuit

June 10, 2024 | Read More

NCLA Amicus Curiae Brief in Support of Appellants

July 17, 2023 | Read More

PRESS RELEASES

In NCLA Amicus Win, Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime

June 11, 2024 | Read More

NCLA Amicus Brief Asks Tenth Circuit to Overturn Intrusive Dog Kennel Inspection Regime

July 18, 2023 | Read More

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