The sad saga of P'nut the Squirrel is far from over. P'nut’s owner, Mark Longo is threatening legal—or other--action:

An Upstate New York man who took in an orphaned squirrel and made it a social media star vowed Saturday that the state’s decision to seize and euthanize the animal “won’t go unheard.”

“We will make a stance on how this government and New York state utilizes their resources,” Mark Longo said in a phone interview.

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In the meantime, merely seizing and killing P'nut and Fred the Raccoon apparently isn’t enough for the brave bureaucrats of the New York Department of Environmental Conservation (DEC). During their five-hour search for the hapless animals, they reportedly found a “short barreled AR-15” and are considering felony charges against Longo. Fortunately, Americans around the country have expressed their opinion of the DEC and its thuggish operatives, giving them pause:

A Chemung County man who had his pet squirrel and raccoon seized and euthanized by the state Department of Environmental Conservation last month — triggering an outpouring of anger and a wave of threats against the agency — has not been charged with felony weapons possession despite investigators having allegedly recovered an unregistered short-barreled assault rifle when they searched his residence.

The agency’s decision on whether to file any criminal charges against Mark Longo has been delayed by top officials with the Department of Environmental Conservation, according to sources briefed on the matter. In the wake of the search of Longo’s residence, the agency also has begun requiring sign-off by its acting commissioner and general counsel before its law enforcement officers can execute search warrants or make seizures. 

The DEC Commissioner, Sean Maher is going further:

Mahar’s email also had noted he was “directing a full investigation of the details surrounding the search and seizure of the raccoon and squirrel in Chemung County.”

Ruh-roh Shaggy! Sounds like the DEC has figured out they stepped on their secondary sexual characteristics. Keep in mind I have no access to any of the paperwork involved, nor do I know DEC procedures--if they have them or adhere to them at all--but here’s what’s likely happening.

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Few law enforcement officers other than detectives ever apply for or execute search warrants. It’s just not a daily part of their jobs. They don’t have the training or access to the forms. It’s unlikely DEC personnel have that kind of access, knowledge or training either.

That likely means the warrant was deficient on probable cause, which means everything they did under that warrant was unlawful. And yes, judges sign unlawful warrants every day out of laziness, malice, or because they trust officials they shouldn’t trust.

The Fourth Amendment is very specific:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

From all media accounts, the only things the DEC sought were P'nut and Fred, and once they were found—how hard could that be? How long could that take?--the search should have ended. My guess is out of arrogance, lack of knowledge of the law, or sheer malice, they turned the place inside out for five hours looking for anything else they could use against Longo who they saw as defying their awesome authority. Coming across the gun, they seized it. If so, they exceeded the scope of the warrant and the gun, and anything else they found and seized, can’t be used against Longo, which is probably why they haven’t already filed charges.

There are exceptions. If while conducting a lawful search officers see what they can identify as contraband, they can take and use it in court, but once the items specified on the warrant are found, the search is over. And searching places where the items sought couldn’t be found—searching a kitchen drawer for truck tires—is also prohibited.

The “short barreled” AR-15 is likely an AR-15 pistol with a stabilizing brace. Anti-liberty/gun cracktivists—and NY State has plenty of them—want to ban them and call any gun to which they’re attached illegal short-barreled rifles. Fortunately, they remain legal, which doesn’t stop the anti-liberty/gun bureaucrats of blue states.

The DEC has been under incredible pressure over their execution of P'nut—the most popular squirrel in history—and Fred, as well they should be. Everything about the DEC’s actions stinks, and the head of the agency seems to know that and is trying to limit present and future damage. It appears P'nut might have a bit of revenge after all, and so might Longo.  Potentially happy news for the coming new year.

Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.