The court made that call in rejecting an appeal by Timothy Michael Weltmer, of Newville, whose neglected cats had to resort to cannibalism.
Weltmer, 47, received his 2- to 23-month prison sentence in January 2013, after a county jury and Judge Edward E. Guido convicted him of 25 counts of cruelty to animals.
Swartz searched the house without a warrant after encountering an odor of decomposition that was so strong he thought a dead person might have been inside.
Swartz found seven dead cats partly cannibalized, along with 11 other emaciated and flea-ridden felines, court records show. Two of the 11 cats Swartz discovered alive died soon afterward. The temperature inside the home exceeded 100 degrees, the place was littered with feces and the animals had no food or water, police said.
Weltmer was accused of allowing the cats to suffer and die even though he and his fiancee had moved to another house only 150 yards down the street. His co-defendant, Michele Lynn Ryan, pleaded guilty in the case and received the same sentence.
In upholding Weltmer's convictions and jail term, the Superior Court rejected his argument that the evidence Swartz found should not have been used against him, because the officer didn't secure a search warrant before entering the house.
President Judge Emeritus Kate Ford Elliott wrote in the state court's opinion that there were "exigent circumstances" — an odor of decay that could have indicated someone was dead or in dire need of aid — which permitted Swartz to conduct a warrantless search.
"It was the uncertainty as to what would confront the corporal upon entry that created the justification and need to take immediate action," Ford Elliott concluded.
In upholding the prison sentence, which Weltmer argued was too harsh, Ford Elliott cited Guido's reasoning for imposing the penalty.
Weltmer "allowed nine cats to starve to death. The nine that survived did so only by feeding off the corpses of those who had died," Guido wrote in the passage quoted by Ford Elliott. "We were convinced that any lesser sentence would not have been appropriate."
You can read the court's decision in its entirety here.
(PennLive - September 12, 2014)
Earlier:
- Pennsylvania: Michele Ryan and Tim Weltmer facing animal cruelty charges after they abandoned their 21 cats to slowly die inside a filthy 100-degree apartment
- Pennsylvania: Michele Ryan given 2 months in jail after being charged with 69 counts of animal cruelty for abandoning 21 cats to die. Her boyfriend Tim Weltmer facing trial.
- Pennsylvania: Tim Weltmer found guilty of animal cruelty in cat abandonment case. His girlfriend already took a plea deal after they abandoned their 21 cats inside a filthy apartment to slowly die one by one
- Pennsylvania: Tim Weltmer sentenced to 23 months in prison after being found guilty, along with his girlfriend Michele Ryan of abandoning their 21 cats inside a filthy 100-degree apartment to slowly die
