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OK , cool- how many dogs, may I ask?
Your 4th Amendment right was not violated by the state, as it was your brother--and not agents of the state (law enforcement)--who took your dogs from your room.
Common law for families is weird. But in this instance, you don't have a 4th Amendment claim.
...good reason to change your living arrangements, though.
Doesn't matter. Family member retrieved the dogs, not law enforcement. That's voluntary on the part of a related party.
Still not a 4A situation.
I would also recommend pointing and staring at your brother, with wide eyes and say 'The Unchosen One Knows Your Name' at random times.
Especially if watching Television you just twitch a bit and turn slowly...
umm...Maybe not but you get the picture.
He's family. He lives in the home. Access laws are usually determined by domicile, so since he lives in the domicile, he has the legal right to bring things out of the domicile at the request of law enforcement.
Doesn't mean he *should*, but if he did so voluntarily as a member of the household, that obviates LE's need for a warrant, and means the exposure of your dogs was--from the state's perspective--entirely legal.
The only way you can subdivide a domicile for legal purposes is in an apartment situation, and even then, your legal case would be civil rather than criminal, and directed against your brother rather than LE.
Even in *that* situation, you'd still probably lose. If LE asks for access to or items from the domicile and *someone produces those items voluntarily*, that's pretty much the end of it.
AI says this.
I’m not a lawyer. Based on what you said, here are likely legal issues and possible remedies under Illinois law and general principles.
Potential crimes by the brother
Trespass to property: entering a room without permission.
Trespass to chattels / conversion: taking or interfering with personal property (dogs can be treated as property in many civil contexts).
Theft (if intent to permanently deprive) is less likely if he intended to return them, but unauthorized taking can support other charges.
Potential police liability
If police directed or authorized the brother to remove the dogs, possible claims include unlawful seizure or violation of Fourth Amendment rights (if state actors illegally seized property). In Illinois, unlawful government seizure or aiding a private person to seize property can be actionable.
If police merely asked and the brother acted independently, liability for officers is less clear but still possible depending on facts (e.g., coercion, misrepresentation).
Civil remedies
Replevin or claim for conversion: demand return of the dogs or sue for their value/damages.
Trespass to property damages.
Complaint for civil rights (42 U.S.C. § 1983) only applies if a government actor violated federal rights — fact-specific and typically requires attorney representation.
Practical next steps
Document everything: dates, times, names, what officers said, photos or videos, vet records for dogs.
Ask for any police report number and request a copy. Note officer names/badge numbers.
Send a written demand for return of the dogs to your brother (keep a copy).
Consider filing a police complaint if officers improperly authorized seizure.
Consult a local Illinois attorney (civil or criminal defense/prosecution) — many offer short paid consultations and can advise on filing replevin, trespass, or civil-rights claims.
If you need immediate return, a lawyer can help with an emergency petition (e.g., for possession).
Statute of limitations / urgency
Prompt action is important: property-possession claims move faster and evidence fades.
If you want, tell me (briefly): whether the police wrote a report or arrested anyone, whether the dogs were returned, and the county in Southern Illinois — I can point to more specific statutes/procedures.
I can give general information, not legal advice. Key facts matter; tell me (briefly and in plain bullets) these items so I can better assess whether rights may have been violated under Illinois law:
Were the dogs inside a building/house on private property or in a vehicle?
Did the brother live at the same residence or have permission to enter that room?
Did the brother use force, threats, or deception to remove the dogs, or simply open the cage and walk them out?
Were police present when the brother removed the dogs? If so, did they direct or help him?
Did the brother claim he was acting for “safety” or to show officers something (e.g., evidence of neglect)?
Were any criminal charges, citations, or arrests made afterward (to anyone)?
Any photos, video, or witness statements exist?
Do you know if the dogs were licensed or considered dangerous by local ordinance?
If you prefer, answer whichever of these you know and I’ll outline possible legal issues (trespass, conversion/temporary taking, criminal offenses, Fourth Amendment/search/seizure if police involved, and remedies).
NOTE : AI is not reliable source of information, it is to be triple checked independently
If the dogs were seized, you're going to need to go through civil channels.
Again, your brother--as a legal resident of the domicile--produced them. Unless he was forced or otherwise coerced, the *state* did not violate your rights.
I know this is going to sound disrespectful, but domiciles are generally treated as units. "Stay out of my room" doesn't have a lot of legal weight in situations like this.
I hope your dogs are okay.