"Law Enforcement Today" Advises Police not to Kill Family Dogs

[Guest AmericanWorkMule]

For the purposes of this article, the portion of the Fourth Amendment under discussion is where the Fourth Amendment discusses that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The federal courts recognize a dog, one’s canine companion, as an “effect.”

 

The precedent in place is a result of the 9th Circuit Court of Appeals ruling in the case of Fuller v Vines, 36 F.3d 65,68 (9th Cir. 1994). In this case, an officer’s shooting and killing of a defendant’s dog could constitute a seizure under the Fourth Amendment. As of the ILEETA Conference, at least three federal circuit courts of appeal have noted that the shooting of a dog by police is a seizure under the Fourth Amendment. The flexibility of the courts to address changing expectations of society with the passing of time is firmly in place within the Constitution, in the Bill of Rights .A dog is now protected from a “wrongful death.”
 

http://lawenforcementtoday.com/tag/dog-shooting/

 

[Guest Lester Weevils]

What a novel idea-- Don't shoot the taxpayer's dogs.

[QuietDan]

It is a crime, very nearly equivalent to shooting an officer, to shoot a police dog.

 

If such a high value can be placed on a police dog, which has had time and attention expended for it, why not the equivalent for a family pet, to which a family has expended time and attention?

Edited July 16, 2013 by QuietDan

[enfield]

IF the officer's duties require him to be in a specific location, and IF, in that location, somebody's unrestrained pet dog is acting aggressively towards the officer, the dog is likely to get shot.  Any dog will protect its family.  Any dog will bite.

 

Put yourself in that situation.  What would you do?

[TMF]

IF the officer's duties require him to be in a specific location, and IF, in that location, somebody's unrestrained pet dog is acting aggressively towards the officer, the dog is likely to get shot. Any dog will protect its family. Any dog will bite.

Put yourself in that situation. What would you do?

Yeah, I've taken dog bites before; real ones, not nips. I'd take one again to avoid killing an animal that was provoked by my behavior.

A good example would be a recent slaying of a dog by a Clarksville PD officer. The dog was chained up in the owners yard. The officer cut through her yard not knowing about the dog. The dog approached him and was shot dead, on a leash in the owners own yard. The dog, by all accounts was not an aggressive dog. I realize that many owners of aggressive dogs will say that, but even if this dog was aggressive the officer should have either taken the bite or ran away. Sorry, there is no excuse for some of the shootings I hear of. It boils down to trigger happy cops who do not respect the property rights of citizens. Edited July 16, 2013 by TMF

[Guest Keal G Seo]

One of the worst ones I have heard of was a teacup chihuahua named "Killer" out in Cali. On that list is a service animal out west and several where the dogs were leashed in the yard. There was one recently where the owner had a pit chained in the basement where it had just enough lead to sit at the top of the stairs in the kitchen, police served a warrant on the WRONG HOUSE and still shot the dog.
I'm with TMF here, if you put yourself in that situation and the dog is reacting to your presence you should take the hit. Also with QuietDan, if a police K9 unit is considered an officer then a pet should be considered a member of that family and get the same rights.
I think the only time killing someone else's dog is justified is if it is attacking someone that can't defend themselves and it is doing so relentlessly.
As for what an officer should do, if it is not a life threatening situation they should call animal control or the owner to control the dog. At a minimum they should control pole in the trunk of their patrol cars and place it in the back seat of said cars.

[enfield]

Nope, I'm not going to allow any dog to bite me if I have a choice.  I don't expect anyone else to volunteer either.

[TMF]

Nope, I'm not going to allow any dog to bite me if I have a choice. I don't expect anyone else to volunteer either.

I think you miss the point entirely.

If a dog charges me in my yard or as I'm walking down the street is one thing. To come on someone's property or provoke a situation and then shoot someone's dog is not the same.

[2.ooohhh]

"The flexibility of the courts to address changing expectations of society with the passing of time is firmly in place within the Constitution, in the Bill of Rights .A dog is now protected from a “wrongful death.”"

 

 

So maybe I'm not old enough to see this particular change in society but I'm fairly certain that if my great grandfather was still around he would have believed that police shouldn't shoot his dogs either, he just likely didn't think it was in need of clarifying in his courtroom.

[enfield]

I think you miss the point entirely.

If a dog charges me in my yard or as I'm walking down the street is one thing. To come on someone's property or provoke a situation and then shoot someone's dog is not the same.

 

I get your point - you can choose to shoot a dog but a cop can't.  Cops go on to private property in the line of duty, 

[Guest Emtdaddy1980]

I get your point - you can choose to shoot a dog but a cop can't. Cops go on to private property in the line of duty,

What about the cases where the cops are on the wrong private property? We've heard multiple cases where the LEOs apparently can't read a map and are serving a no knock warrant on the WRONG ADDRESS. In some of these cases they have shot the property owners dog. I believe that should fall under a fourth amendment violation and SHOULD result in criminal charges against the officers involved. I would LOVE to see some of these people with no navigation skills being charged with breaking and entering and felony assault under color of law when they kick in the wrong door. Edited July 16, 2013 by Emtdaddy1980

[JReedEsq]

While I don't have any idea how often this happens I once spoke to an officer I know who was upset because he arrived at a home to serve a warrant when the homeowner immediately sent a pit bull out the front door who then charged at the officers.  I believe this guy had genuine disappointment that he was forced to either shoot a dog or take his chances getting his leg gnawed on by a pit.  I am a dog person, and there is no doubt in my mind that some officers aren't using the restraint they should.  However, I wonder how many situations there are like this one, where someone tries to use their dog as a distraction so they can run out the back door etc...  

[Guest Emtdaddy1980]

If I remember correctly there was a case just a couple years back that occurred on 24 westbound. Between chattanooga and Nashville where an officer pulled over a family on vacation because of a mistaken vehicle description or some such thing and he ended up shooting their dog when it got out of the vehicle. According to the family the dog was not behaving aggressively at all and was barely more than a pup. Anyone remember the case I'm refering to? Ill try to find a link to it.

[JReedEsq]

I remember a case way back when I was in College (graduated in 2000), of an officer who shot a family's English Bulldog right in front their two small kids.  I do recall media attention by the Nashville news (as I was in M'Boro then) and I think it happened somewhere between Knoxville and Nashville. 

[Guest Emtdaddy1980]

http://www.cnn.com/2003/US/01/09/police.kill.dog/

My mistake, it was on interstate 40

[TMF]

I get your point - you can choose to shoot a dog but a cop can't.  Cops go on to private property in the line of duty, 

 

Negative.  Have a nice day.

[Guest Emtdaddy1980]

http://www.wfaa.com/news/texas-news/212185641.html

Here's a little more lite reading. I particularly like the part where the deputy discharged his weapon in the direction of a six year old girl while apparently "not noticing her"

[partypilot1]

Aren't there non lethal options? Tasers, animal controls' gun, that sort of thing LEOs could use during a raid

[Guest Emtdaddy1980]

http://www.shelterdogsok.org/1/post/2011/10/chemung-familys-dog-tasered-three-times-in-address-mix-up.html

In response to the taser question. At least the dog is alive, but I'm still troubled be the apparent inability of SOME LEOs to ascertain a CORRECT address, thereby subjecting innocent citizens to these brutal intrusions.

[Guest Emtdaddy1980]

What is equally troubling is the apparently universal policy of NOT punishing LEOs for their actions. In an overwhelming majority of the cases you'll find that a scripted apology is delivered to the inncocent party for an "unfortunate situation having occurred" and absolutely no punitive action taken against the offending officers. Is it really any wonder that public trust in the police is dwindling so fast?

[whitewolf001]

If I remember correctly there was a case just a couple years back that occurred on 24 westbound. Between chattanooga and Nashville where an officer pulled over a family on vacation because of a mistaken vehicle description or some such thing and he ended up shooting their dog when it got out of the vehicle. According to the family the dog was not behaving aggressively at all and was barely more than a pup. Anyone remember the case I'm refering to? Ill try to find a link to it.

 

 

I remember a case way back when I was in College (graduated in 2000), of an officer who shot a family's English Bulldog right in front their two small kids.  I do recall media attention by the Nashville news (as I was in M'Boro then) and I think it happened somewhere between Knoxville and Nashville. 

 

 

http://www.cnn.com/2003/US/01/09/police.kill.dog/

My mistake, it was on interstate 40

 

It was on I40, my work is actually like a mile from where it happened. It was a Cookeville PD officer that shot the dog.

[jtmaze]

I agree with this 100%. When I was with the SPCA we worked closely with several Drug task forces to take control of dogs when warrants were served. We had the equipment to handle the dogs and they didn't. If they knew there was a dog on the property they would have us hidden around the corner to get dogs as soon as area was secured. On another note. If you come in my house unannounced, the odds are more likely you get dog bitten than shot. The dogs are faster than I am. I have 2 pit bulls than have full run of my house and yard at all times. They are not aggressive but if you invade their home, it's on you.

[Guest Lester Weevils]

My main fear of a wrong-address front door kickdown is for the dawgs. They are always noisy and rowdy with company but have never seen em aggressive. They are noisy because they are tired of me and want some new person to pet them for awhile. However, a swat style kickdown might make em both noisy and aggressive.

[Guest Emtdaddy1980]

I'm not typically aggressive either, for the most part I'm a pretty easy going Guy....... but kick open my door unannounced after dark with my wife and kids asleep in their beds and I too become a totally different animal.

[Caster]

I don't want to even think about it. If it happened to mine.....it would be very very bad.