Law Enforcement Animal Protection Act. Assaulting a police K9 while it's performing it's duty is a crime.
He chased the guy because the guy ran. It's just that simple. Running is, all by itself, a crime.
WTF does a federal law have to do with a non-federal police dog?Law Enforcement Animal Protection Act. Assaulting a police K9 while it's performing it's duty is a crime.
Specifically your siad: "Additionally, using a dog is equal force to using a baton or fist, and you can only use your personal dog against an intruder when you would be justified in fighting that intruder yourself. Mere trespassing does not justify violence, so mere trespassing doesn't justify a dog attacking. The trespasser has to also be damaging property or pose a threat to a person." It is reasonable that the police dog provoked the home owners pet. Under Florida law then the home owners dog was within the home owners rights to attack being on his property unannounced. It is doubtful that the police dog was in any real danger in a dogfight. German Shepherds are formidable opponents and a trained and disciplined dog in a k9 unit would find the run of the mill pitbull easy prey. Its the thick neck hair that makes all the difference between the two breeds.Is anyone even talking about such a thing?
You are assuming that without the benefit of actually knowing.No one said the police could. The police would arrest the property owner and charge them for assaulting a police K9, obstruction of justice, illegal discharge of a firearm and using a firearm in the commission of a crime. Some states treat an assault upon the dog as an assault upon a law enforcement officer. Even kicking the dog is a felony.
True but they cannot endanger lives including domestic animals on said property. It was upto the officers to determine if a dog was on the property knowing that bringing a police dog on the property unannounced could cause the very situation that did happen. You cant tell me that a k9 unit isnt trained in the fact the MOST homeowners have a dog. They cant just go onto a property and be surprised that a dog was there. Before a police dog goes on the property a effort must be made to determine if there is a dog outside. And these are local police that should already have a clue where dogs are in the first place.That's not true at all. Police can enter your property upon probable cause to pursue a suspect regardless of the accused crime.
Running can be a crime, but not always. I had friends that found it fun to run from the cops, they got caught most of the time. I know of none that were charged with a crime. But in this case a guy ran and the cops called in a k9 unit which ran onto private property where the police dog was attacked by the dog that lives on that property. Was that police dog under the control of the officer? We dont know.He chased the guy because the guy ran. It's just that simple. Running is, all by itself, a crime.
Police departments have PR people that deal with these things. They usually are tight lipped if the cops are at fault. Or if there is a ongoing case which then they say that there is a ongoing case and that they cant say anything. In this case they simply are not pursuing the bike dude at all. Probably because they are too busy trying to fix their bad.Any lawyer worth his union fee is going to control information to the tightest degree legally permissible.
Some people just run, there isnt any evidence that this person ran because he was wanted. Perhaps he just didnt like cops or didnt want a ticket. A lot of stupid people think that they can run and getaway, in fact this guy did run away and not get caught.If you think the guy ran because of his headlight, you know little to nothing about this topic. He was stopped because of his headlight. People run because they are wanted.
Not really, as I said if the homeowners dog was being aggressive they would have killed the dog not tried to save it.Sounds like calling animal control is standard procedure just like calling an ambulance for a shot human is standard procedure. An accredited veterinarian will be needed for a credible report on the officer's use of a gun.
"The “Balance Test” should be used as a guide in determining whether or not to pursue. An officer’s reasonable suspicion must be based upon the facts perceived by the officer at that time. Factors, which can be used incontinuously assessing the need for apprehension versus risk created by the pursuit, are set forth below. Other factors may be considered in addition to those criteria listed below......
Balance Test – Factors to be Considered: Public safety, Nature of offense and apparent circumstances, Officer safety, Vehicle Code requirements, Passenger in officer’s vehicle (e.g., citizen, witness, prisoner), Pedestrian and vehicular traffic patterns and volume, Other persons in or on pursued vehicle (e.g., passengers, co-offenders, hostages), Location of the pursuit (e.g., school zone, playground, residential, downtown, jurisdiction)....."
"...Most agencies also have significant procedural controls for a pursuit. These often start during the event with policies requiring a supervisor to monitor the pursuit.11 Many agencies have a set of special pursuit reports that officers and supervisors have to prepare after an event, and these reports are reviewed up the chain of command. Most agencies have a policy that explicitly states an officer may never be disciplined for terminating a pursuit, but can be disciplined for pursuit policy violations where the pursuit is improper..."
Police Chief Magazine - View Article
In law there's something called "exigent circumstances" that allows cops access to pretty much anywhere if they believe that their need to be there trumps your property rights.
If the cops are chasing a fleeing suspect, as was the case in the OP article, or if they were looking for a missing child, or if they believed that a fleeing suspect threw some sort of "contraband" over your fence, then they'd have the legal right to come on to your property and the legal right to defend themselves from a threatening dog.
I'm not saying that any of this is right, but it is the way it is.
“Now it is not good for the Christian’s health to hustle the Aryan brown,
For the Christian riles, and the Aryan smiles and he weareth the Christian down;
And the end of the fight is a tombstone white with the name of the late deceased,
And the epitaph drear: “A Fool lies here who tried to hustle the East.”
"...The most critical element of any pursuit is the need to match the level of control exerted to the degree of risk posed by the fleeing individual. In other words, what is the degree of risk posed to the public by the offense committed by the individual, and what is the degree of risk posed to the public should the fleeing individual make good his or her escape, and be free to commit the offense again?..."
The Police Policy Studies Council
18 U.S. Code § 1368 - Harming animals used in law enforcement
(a) Whoever willfully and maliciously harms any police animal, or attempts or conspires to do so, shall be fined under this title and imprisoned not more than 1 year. If the offense permanently disables or disfigures the animal, or causes serious bodily injury to or the death of the animal, the maximum term of imprisonment shall be 10 years.
(b) In this section, the term “police animal” means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders.
This federal code has zero to do with State or local law enforcement. "employed by a Federal agency" Local law enforcement and even State law enforcement are not a Federal agency, or are you trying to tell me otherwise?
Did you forget how to use google, I heard it is your friend. Statutes & Constitution :View Statutes : Online Sunshine
The key here is that the suspect was not armed or dangerous, he was just running which is not a felony, it is a misdemeanor. Legally the police had zero right to go onto the property that the pitbull was on chasing their suspect.
And I also have to wonder how the suspect did escape with the police copter flying above? Perhaps the bike dude is just a story for why their k9 ran off and attacked a homeowner's dog?