Dogs & Laws

Federal Court Ruling: Police Can Shoot a Dog if it Moves or Barks When Officers Enter a Home

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A ruling by the 6th Circuit Federal Court in Michigan last week gave police nationwide the authority to shoot a dog if it moves or barks when officers enter a home.

The decision stems from a 2013 incident in Michigan where police shot and killed two dogs while executing a search warrant looking for drugs inside the home of Mark and Cheryl Brown. Following the incident, the Browns filed a petition with the court to hold the officers and city of Battle Creek responsible for the deaths of their dogs.

One officer testified that he shot the first dog after it “had only moved a few inches” in a movement that he considered to be a “lunge.” The dog then ran away from the officer to the basement, where it was shot again and killed.

The second dog was shot in the Brown’s basement after it was simply barking at the police, court documents said. The officer “testified that after he shot and killed the first dog, he noticed the second dog standing about halfway across the basement,” the court’s opinion explained. “The second dog was not moving towards the officers when they discovered her in the basement, but rather she was ‘just standing there,’ barking and was turned sideways to the officers.” The same officer shot the dog twice before a second officer “didn’t want to see it suffer,’ so he put her out of her misery and fired the last shot,” killing her.

“Given the totality of the circumstances and viewed from the perspective of an objectively reasonable officer, the dog poses an imminent threat to the officer’s safety,” Judge Eric Clay wrote in the decision.  “The standard we set out today is that a police officer’s use of deadly force against a dog while executing a search warrant to search a home for illegal drug activity is reasonable under the Fourth Amendment when…the dog poses an imminent threat to the officer’s safety.”

According to court documents (below), the ruling allows “for the fact that police officers are often forced to make split-second judgments.”

View the court documents here:

Court documents noted that the officers were aware, by a “Beware of Dogs” sign posted outside the home, verbally from the dogs’ owner, and by personally witnessing the dogs through a window before entering, that at least two dogs were present inside the home.

According to court documents, federal courts have also ruled that the “unreasonable killing of a dog” does constitute a “destruction of property” under the Fourth Amendment.

Still, in this case, the court sided with the officers.

39 Comments

39 Comments

  1. Pingback: Two Dogs Shot - This is Terrible... - PupBuzz

  2. Karen Wainwright

    Jan 17, 2017 at 9:30 pm

    Nine year dog bite study results:

    **Lethal dog bites count for 1/1000th of 1% of deaths.

    (There are roughly 70-80 million dogs in the USA and about 320 million people. We kill 1.2 million through the shelters annually and more through other nefarious venues and activities.)

    **Non-fatal bites are only 1/10th of 1% of E.R. visits.

    **You are twice as likely to be killed by lightening; odds are even on death by either cow or forklift (careful in those Big Box shops, my city friends) and for children same on the playground and three times as likely to drown in a five gallon bucket.

    **80.5% HAD FOUR OR MORE OF THESE MAJOR FACTORS INVOLVED WHEN IT CAME TO FATALITIES:

    87.1% No able-bodied person being present to intervene

    85.2% Victim having no previous relationship with dog(s)

    77.4% Victim’s age/physical condition compromises ability to manage interactions with dog(s)

    76.2% Owners who keep residential (aka yard) dog(s), rather than family pet dog(s)

    37.5% Prior mismanagement of the dog(s)

    21.1% Abuse/neglect of the dog(s)

    **IN NONE OF THEIR STUDIES DID BREED PLAY A FACTOR**

    So, the Police do have a right to protect themselves, but if a wounded dog, that you’ve just shot, runs into the basement, and is followed by the other, why go after them? Is closing the door and waiting for Animal Control too risky? Is this the new acceptable Police brutality, now that they’ve been called out too much for their treatment of minorities?

    These officers are the type of trigger happy guys that escalate situations and put everyone at risk. Or in this case; end tragically for the dogs and no doubt, for many in the future. Shame on them, the judge and the country. My dog’s job is to do just what this dog was. We create and destroy.

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