Why can 3 dogs come in to a private property attack the small do

According to a recent Herald article, "Lt. Tracey Super of the Middle Township Police Department said ownership is one reason the dogs are returned to the owner. He said animal control is hesitant to seize a dog because they are property, which is protected under the Fourth Amendment. The exception is if the dog has a history of aggressive behavior; otherwise, 'State rules require the impoundment of stray dogs, or dogs or other animals observed by an ACO to be ill, injured or creating a threat to public health. Impounded animals must be held for seven days at a facility licensed as a pound prior to adoption or euthanasia.' Super said the biting dog did not have a history of being aggressive."