Federal court rules dogs can be shot if they bark, move when officer enters home

I imagine that next this will be extended for an officer in an situation. Looks like officers should not be permitted on your property by your permission. Can't do anything about a warrant. though.

originally posted by: BlueJacket
a reply to: VictorVonDoom

I agree, for that matter...any of my animals, will get you shot

Shooting would be too good for them.

a reply to: Urantia1111

It would seem that the captain at the end of the story who basically said good ruling and did a self high five, would have elaborated and assured that this will only happen in very very rare situations.

If some one shot my dog, I would be pissed. I don't think it is worth more violence, but I would pursue all every legal avenue to take $$$$$.

a reply to: seasonal

True story: I was living with a girl that owned her house, but was foreclosed upon due to a lien placed on her property by the home owners' association (that is [a HOA lien that can used to foreclose a property] a different issue that deserves its own thread). The Sheriff's department went to the home around 5PM in the middle of June - no one was home from work - to change the locks and found themselves inside the home with 2 adult male dogs...a long story short, short story sweet, we called around and found out the dogs had been sent to a shelter (don't remember what entity ran the shelter). We picked them up out of 'doggie jail' two days later. BUT, when I was first notified that the house had been searched by the sheriff's department and there were no signs of the dogs, I immediately feared some chest-thumping, trigger-happy LEO had shot them both just because.

Because there were no witnesses. Because I have seen/read too many of these stories. Because for a number of reasons, the least of which being: the dog poses an imminent threat to the officer’s safety. If in any case, there would be zero convincing evidence required to prove our two dogs did NOT pose an imminent threat - two shot and killed dogs - this would be one and it did not happen. For context, it was an 80lb Rhodesian Ridgeback and 60lb Vizsla in the house these LEO entered uninvited, and I can assure the Ridgeback was a threatening-looking dog and the Vizsla was boisterous, at the least. These LEO (in my case) did their job with the integrity and behavior we are suppose to heap upon them. I am very glad my case involved well-trained professional LEO, or otherwise he (DG, name of my dog and username pic) would likely be dead at the hands of LEO and I would have no recourse. None. Whatsoever.

Thank you to the LEOs of Wake County's Sheriff's Department who handled what the federal court judged wrote is clearly a means to kill a family pet based on, honestly, the LEOs preconceived notions about drug dealers who have well behaved dogs.

a reply to: BeefNoMeat

Let's say they enter your home and it is a wrong address. They shoot your dog. Is your dog going to be treated like a LEO dog that gets kill in the line of duty? In other words would there be a premeditated or manslaughter charges against the officers?

the only reason why they would justify shooting a dog because of it's barking is because they don't feel like wasting time to check if that barking dog is restrained in anyway or acting threatening in any way. in which case..
I have to ask... what if the dog is barking, but it's a kid that's running that is producing the movement you are seeing...
will it also be justifiable to shoot a kid because the dog is barking?

Just one more reason for not paying a visit to the US of A.
As far as I see it, the police are better protected that most children, and they sure as hell make use of it.

Dare I ask the question, are not police dogs in the US routinely deployed in drug raids, and what do two strange doggies do when each are aware of each others presence?

a reply to: seasonal

I can't answer that, maybe you could?

The gist of my reply was that there was more than enough evidence/proof (lack thereof, with respect to the dogs behavior when entering the home being an imminent threat) to kill our dogs. Period. I would've needlessly experienced the traumatic lost of my best bud over the past eleven years...that didn't happen and I want to thank those LEOs for being true professionals and conducting themselves in 'teaching moment' example.

I understand everyone has different opinions and, to a less extent experiences - as mine and the aforementioned couple in the OP - but I don't find it all reason not to provide a diametrically opposite example, and the same time, thanking the LEO's (and the large majority that do use discretion, solid police training, and common sense, among the numerous thank-less tasks) that did the proper thing in controlling the situation and deescalate a situation only they could 'prove' was NOT an imminent threat.

Thanks to those Wake County Sheriff's Deputies that did the right thing.

a reply to: seasonal
I don't trust them either. This is going to turn into a horrible mess.

a reply to: dawnstar

If the dog is barking, they have to have a visual to shoot it. Barking does not indicate an attack.

For crying out loud, dogs bark all the time, at stupid things.

I wish the Captain who spoke to the news paper had one once of gray matter between his ears before he threatened millions of peoples loved dogs. He is as much of an idiot as the people or person who made the decision.

a reply to: seasonal

every dog I have known will bark when someone comes to their door...
which is what bugs me, it's like it gives them free license to have guns drawn and fingers on the trigger whenever there is a dog in a house... regardless of weather that dog is a threat or not... and well...
I'd just about be willing to bet that one day we will hear about some poor kid being shot and some cop claiming but, there was a dog barking... and... I saw movement... thought it was the dog... and shot to protect myself...

a reply to: BeefNoMeat

Agreed, most police don't want to shoot doge. Their job can be crappy, and of course they should be able to protect themselves from dogs that are going to bite them.
The thing that gets me is that they just act like this is writing a parking ticket. It is a very serious issue and their dogs are considered LEO, kill one and you are in deep doo doo.

a reply to: dawnstar

Ugly thoughts. Your right, this just gives a bunch of leeway to police, and they will pull guns on 12 pound mutts.

a reply to: seasonal

My dog's bark is worst than her bite. Our dog will bark at anyone that comes to our door. If it's a stranger or someone she doesn't know her hair stands up on the back of her neck. She scares anyone who come to our door. Little does everyone know she's a huge baby. When she's out walking with us in the neighborhood and someone wants to pet her, she puts her tail between her legs and cowers behind us.

I'm sure a police officer would consider our dog a threat. Our dog protects our house and alarms us if anyone is on our property better than ADT.

Follow the reasoning....

When the cops shoot your dog and you go nuts and complain...then they can shoot YOU.

a reply to: WeRpeons

If it barks it could be shot. Simple and to the point.

It's going to be a mess and it is an excuse to protect the police from litigation. They make wide brush strokes to protect them when they do things they shouldn't.

Might as well shoot unwelcome intruder's who bust into your home.

Dogs bark at strangers. Especially when they come crashing through the door with weapons drawn. And police have the 'right' to shoot and kill your pet. But, if you even try to stop their dog from mauling you - you get 15 years for assaulting a police officer. Nice.

a reply to: vonclod

Not very many people are armed at all times inside their homes. When a no knock predawn raid is done, you get little in the way of warning.

Keep in mind that the reason they are kicking down doors and shooting dogs is the war on drugs.

they just point and shoot when its a human, even whiled backs are turned away, yet had to take it to court to determine the value of a dog's life.

mrk'