Neighbor saw squirrel through window and I'm freaking out

[kookoo_forbonbon]

Hi all,
Someone please help me, i'm panicking over here so sorry if my phrasing doesn't make total sense. I live in PA where squirrel "pets" are illegal. Even though I plan to release her at some point, I've had her in my apartment for several months now. I live in a condo HOA complex where I rent a condo as a tenant. My neighbors are super judgmental and nosy so I've tried really hard to keep the fact that I have a squirrel under wraps.

Well I screwed up. I have her by a window, and had the shades up. 2 people saw her, clear as day in her cage by the window. They said, "what's that?! Oh it's a squirrel..." and walked away. I am not sure if they live in the complex but betting they do. I immediately put the shades down but I know that if they live around here they will probably report me to the landlord.

What are my options here for responding and could I get arrested or evicted??? Could this affect my job? I am freaking out so much right now. I'm not street smart so I have no place to be playing around with something like this and I want to be prepared for what could happen here.

Thank you so much if anyone can help!!!

[Rock Monkey]

Most people are more talk than action, unless they already have a personal dislike for you. Squirrels are not transmitters of disease.

Most people's attitude in life is, "It's not my problem." Generally people don't want to get involved.

I think it very unlikely that the landlord will even be told. Furthermore, most landlords don't care about pets unless they are damaging the apartment.

The chance that you would get arrested is actually extraordinarily minuscule. It is likely a minor misdemeanor at best, if that, but cops don't like paper work. It is a hassle for them. They prefer to just talk politely, calmly.

No, it won't effect your job.

You might think of who you might ask to take the squirrel if the worst case scenario occurs and the landlord tells you that you can't have the squirrel.

I would never willingly hand over a squirrel to the landlord or animal control. It is very unlikely that they have that legal authority. Your apartment is your home and people can't just barge in. If they ask specific questions about the squirrel say "No comment." If they insistent on coming in, say "No, you do not have my permission to do that. Come back with a search warrant." If nothing else this will buy you time, but all of that is highly improbable. It is like when the police pull you over they can ask if they can search the car, but it is your legal prerogative to say "No." It is the same way with your house, even more so, from a legal perspective. Always be calm and polite.

You might look at your lease to see what the conditions are for a landlord inspection. They can't just walk up to your door and say I am her to inspect the apartment now.

[stepnstone]

The chance that you would get arrested is actually extraordinarily minuscule. It is likely a minor misdemeanor at best, if that, but cops don't like paper work. It is a hassle for them. They prefer to just talk politely, calmly.

Not true! You are not getting factual information.
Pa is a tough State when it pertains to harboring wildlife and it is not considered a "minor misdemeanor."
If you live in Pennsylvania it is illegal to keep wildlife /have a pet squirrel and subject to legal fines. The only exceptions are those licensed through the State and Pennsylvania Game and Wildlife commission.
The disposition of wildlife is not handled by "cops," it would be turned over to and handled by a Pennsylvania Game warden through the Pennsylvania Game and Wildlife commission. Anyone caught with a wild animal, such as a squirrel, cannot keep them. If someone is caught doing so, the fine can be upwards of $1500. In fact, this law is so strict that the animal would be put down as it would never be released or re-released back into the wild.



I would never willingly hand over a squirrel to the landlord or animal control. It is very unlikely that they have that legal authority. Your apartment is your home and people can't just barge in. If they ask specific questions about the squirrel say "No comment." If they insistent on coming in, say "No, you do not have my permission to do that. Come back with a search warrant." If nothing else this will buy you time, but all of that is highly improbable. It is like when the police pull you over they can ask if they can search the car, but it is your legal prerogative to say "No." It is the same way with your house, even more so, from a legal perspective. Always be calm and polite.

I would not take the above underlined comment to the bank!
Fish and Game, DNR, and other State wildlife resources use the Natural Resources and Environmental Protection Act and the open fields doctrine as an excuse to broadly enter people's private property without obtaining a warrant. This has been a noted fact. Even if you were able to legally protest such action in court the animal would still have been euthanized. Also to take under consideration in regards to entering without a warrant would be #1 probable cause and #2 is that the management of the owned property, your rental, can give access to your premises with very short notice if that.
Pennsylvania is a tough State with regards to wildlife. You can kill them to eat, you can kill them for trophy or just to kill them, but you *can't keep them, treat them, nurse them or raise them. * with exception to those licensed through the commonwealth.

Hopefully nothing comes of this but you have every reason to be concerned! Personally I feel better that whoever saw your squirrel just commented and walked on rather then stopped and studied the situation. Now if you find people stopping to look up at that window I'd get concerned real quick!
If anyone questions what they "thought" they saw just tell them you had been babysitting a juvenile ferret.

I wish you luck and safety for your squirrel. :grouphug
If you are planning on releasing her it would probably be best to contact a licensed rehabilatator to assist you in that process.

[kookoo_forbonbon]

Thank you both. I'm still freaking out today, but I know there is nothing I can do except to try to prepare for what could happen.

If they take her, I will be devastated. Selfishly, she's been the only thing bringing me joy in my life and I'm very attached to her. And obviously, it would be horrible for her to be euthanized before even getting to live a life in the trees. I don't care about a fine. I just don't want anything on my record and I'm saving up for a house, so to be evicted would also be horrible.

I'm trying to perfect my game plan for anything that comes up. If the apartment manager/landlord asks me, I'll tell them it was a ferret. If the authorities show up, that's a whole other thing and I plan on just telling the truth and saying this is a temporary situation and I was planning on releasing her soon.

If these people call the DNR or some other authority, do you know how long it takes them to show up?

[SamtheSquirrel2018]

Hi: My sympathy with your concerns! In Pennsylvania (and most States), it is illegal to keep wildlife. Stepnstone put it quite succinctly, you may kill wildlife in a multitude of legal ways, mount their stuffed heads on your walls, and eat their flesh; BUT you may not keep wildlife as pets or to protect them because they have some infirmity that would make them vulnerable to the many ways nature has in place to cull the weak or unlucky! I am not an attorney and I don't live in PA but I am at least somewhat familiar with the issues as far as what rights Game Wardens (and their ilk) have when it comes to enforcement of laws, search and seizure. In PA, to add to what Stepnstone has already pointed out; Game Wardens have Statewide jurisdiction and have the full power of search, seizure and arrest of anyone for any perceived infraction of any law, regardless of whether or not it involves wildlife (the same as any police officer)! The key to whether a Game Warden (or any Officer) has the right to enter your property rests in a concept called Curtilage which is basically considered your dwelling place and usually some defined extent of property such as a yard around your home. Ultimately this does not offer anyone protection because any "violation" by a Game Warden will be sorted out after the fact and that is usually after the Squirrel or whatever is taken from you and euthanized. Further, when you rent, you really don't have any surrounding curtilage and your control of the actual apartment is diluted by the fact that most likely in your lease you have permitted the landlord access at any reasonable time to your apartment and they also have a key. With their access rights and ownership, they can certainly permit a Game Warden's access to you apartment regardless of whether or not it is truly legal. All that being said, I suspect (and I certainly hope I'm right!), the two people who saw your Squirrel have no concept or concerns as to the legality of keeping wildlife and beyond their initial "wonderment" at seeing the Squirrel, they couldn't care less and thus will not file any complaint. My suggestions would include moving the cage away from direct view from the window and contacting a licensed Rehabber and discuss your situation and issues and see if they may be able to help you expeditiously coordinate the release of your Squirrel at their facility (this will preemptively protect your Squirrel from being taken by the authorities). Owning your property and dwelling does offer much more protection for you in theory but, again, most violations of search and seizure by Officers are sorted out after the fact and the damage is already done and cannot be undone.
Best regards,
SamtheSquirrel

[Diggie's Friend]

Just in case you should change your mind about releasing this squirrel; should you contact a squirrel rehabber by phone, they may use the information to locate you to have a wildlife warden to come to your door to confiscate the squirrel. I know how this can go in States where it is illegal to have a squirrel; I was told by a rehabber that they routinely supported the confiscation of squirrels with the support of a State wildlife warden. I would advise asking for a rehabber contact from a member of this board for potential release in the near future. Better safe than sorry!

[astra]

I plan on just telling the truth and saying this is a temporary situation and I was planning on releasing her soon.

I doubt the "truth" will soften their hearts. As stepnstone pointed out, one can't raise/nurse/rescue/keep/whatever wildlife. So you saying you're raising her to release will only confirm their "verdict."

What stepnstone and Diggie's Friend said -- they have good suggestions.

[Diggie's Friend]

i wouldn't do that; it is not a criminal act, but a code. Considering that this isn't even lying to save a life, which even if that were the case; if then done out of conviction that is it needful to protect a squirrel from potential harm by the powers that be, it isn't out of the realm of what can all the same be the unselfish right choice to protect an innocent from harm.

It kind of reminds me of the O.T. passage, where Rahab concealed the spies of Israel, and then mislead those that sought to slay them, because before God whom she believed, this was what was right to do.