Google is your friend.
That depends on your local law. You can't in my city, unless the stray is attacking someone. To kill it is to invite a misdemeanor animal cruelty charge, and if you use a gun to do it then you get a firearms charge as well.
Law Enforcement Animal Protection Act. Assaulting a police K9 while it's performing it's duty is a crime.
Is anyone even talking about such a thing?
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.
That's not true at all. Police can enter your property upon probable cause to pursue a suspect regardless of the accused crime.
Any lawyer worth his union fee is going to control information to the tightest degree legally permissible.
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.
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.
You had asked about the right of police to search your property without a warrant. No one was ever talking about dogs running loose, but of police searches.
So why not google the laws where this took place instead of making assumptions?
WTF does a federal law have to do with a non-federal police dog?
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.
You are assuming that without the benefit of actually knowing.
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.
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.
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.
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.
Not really, as I said if the homeowners dog was being aggressive they would have killed the dog not tried to save it.
The k9 unit was not searching the private property for anything other than the suspect. it would have been wise to notify the homeowner that there was a suspect on their property and that they wish to search the property for him with a police dog. You keep talking about proper procedure but ignore such things like properly notifying a property owner of a search. Police do not have the endless right to do things just because they think they have probable cause in their corner. The police in this case didnt notify the homeowner probably because they didnt see the suspect as being dangerous. The k9 unit went against their training by bringing a the police dog onto property that they didnt know a dog was on. Had they spent the few minutes necessary to inform themselves if a dog was there then none of this would have happened. They didnt and because they didnt check and see if there might be a dog present not only did they have to shoot the homeowners dog but the police dog got injured and the suspect got away. It is called bad policing.
It's a federal law regarding all police dogs. Please make some attempt to improve your reading comprehension.
This what you did not read.
That's not "key" at all. Not even a tinny little bit. Fleeing or attempting to elude a law enforcement officer is a crime all by itself. Using a K9 to apprehend a fleeing suspect is perfectly justifiable according to SCOTUS. Police presence on private property to pursue or apprehend a suspect is perfectly justifiable according to SCOTUS.
The right isn't "endless". It's in fact very limited to the scope of probable cause. Pursuing a fleeing suspect falls within that narrow scope. If the property owner takes action against a police dog perusing a suspect, that owner will be charged under Offenses against police dogs, fire dogs, SAR dogs, or police horses. A police officer using deadly force against you shooting at the K9, or at your dog who thinks it's just defending it's property, is justified in that use of deadly force under Florida Title Code Chapeter 776.05.
It is only justifiable to go on private property (in this case) without a court order if the suspect that they were chasing committed a felony or was a danger to the safety of the public. Fleeing as I said is a misdemeanor not a felony, and is not dangerous. The police had no right to be on private property during that chase.
Police have the right to enter private property without a warrant to pursue a suspect. What crime the suspect committed is irrelevant.
An electronic leash is not a leash.
That's an irrational demand.
Police officers have no obligation to clear all possible routs of a fleeing suspect before giving chase. It's literally physically impossible to accomplish. You may as well demand an officer draw a perfect circle with 2 sharp corners as that's equally impossible.
So Nena was allowed to interfere with police business.
Here is some more info on this case. According to the homeowners Nena was attacked by the k9 and never attacked the k9 so the cops shot Nena for sniffing a dog on her own property. And this after the owner already talked to the cops and they did not mention anything about the k9. So the homeowners noticed a light on their property and went out to investigate and were yelled at by the cops (audio below).
My Dog Nena was shot by police help by Nena Rivera - GoFundMe
"Please help my dog Nena who was shot by the police.
At around 10 pm, I went outside to investigate my dog named Brownie, who was tied up and barking, letting me know somebody was on the premises (I knew there
was a criminal on the loose in the area, because of the search helicopter, and I had also spoken to the police about it ) I went outside to investigate who was there, and that is when I then saw lights from the side of my RV, on my property. I then said, "who's that?" and was met with an angry officer who began to yell and scream at me . I advised him that he was on my property, and at that time he began yelling even more aggressively towards me.
When he started yelling, my other dog Nena came outside to see what was going on & she noticed a new dog on our property that she had not seen before. She started jogging over to the K9 in a non-aggressive manner to check out the new dog, who she did not know – just as all dogs do when they meet a new dog-. As she was jogging over to the K9, I was yelling for her to come back so she would not go up to the K9, but it was too late as she was already up to the K9 on our property. The K9 proceeded to bite her followed by her trying to defend herself .
At that moment, the police proceeded to shoot my dog, Nena. She and I started screaming in agony, as I just witnessed her get shot in front of my eyes! The entire time this was all taking place, she never left her property, which is enclosed with an invisible fence system.
"