jtap
12-29-2016, 07:38 AM
Three Michigan police officers, who shot two dogs for lunging and barking at them during a drug raid, were once again justified in their actions — this time by a federal appeals court.
Mark and Cheryl Brown of Battle Creek, Mich., filed suits over unreasonable seizure of their property and a violation of their constitutional rights for the deaths of their pets.
According to the Battle Creek Enquirer, officers shot and killed the Browns' pit bull terriers during an April 2013 operation, with Emergency Response Team members claiming one lunged at them and that the other barked as they executed a search warrant for drugs.
“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,” wrote Judge Eric Clay in the decision that saw the U.S. 6th Circuit Court of Appeals in Cincinnati side with the U.S. District Court in Grand Rapids' dismissal.
Clay concluded the decision by stating that "a jury could reasonably conclude that a 97-pound pit bull, barking and lunging at the officers as they breached the entryway, posed a threat to the officers' safety."
The Browns had been living in the basement of the home, which was owned by Cheryl Brown's daughter, Danielle Nesbitt. Nesbitt had a child with Vincent Jones, who was allegedly using the residence to sell drugs, according to WOOD TV.
"It was a good ruling," Police Chief Jim Blocker told the Battle Creek Enquirer. "It pointed out some things we have to improve upon, but supported our operating concept that officers must act within reason."
http://www.nydailynews.com/news/national/court-rules-dogs-shot-bark-police-enter-home-article-1.2926772
Shoot whatever you want...officer safety!
Edit: I searched before but got no hits on my terms and found another thread on the same incident after (http://www.ronpaulforums.com/showthread.php?505673-6th-circuit-appeals-court-cops-can-legally-kill-your-pets-if-they-do-anything-but-sit-quietly) delete if you want or merge.
Mark and Cheryl Brown of Battle Creek, Mich., filed suits over unreasonable seizure of their property and a violation of their constitutional rights for the deaths of their pets.
According to the Battle Creek Enquirer, officers shot and killed the Browns' pit bull terriers during an April 2013 operation, with Emergency Response Team members claiming one lunged at them and that the other barked as they executed a search warrant for drugs.
“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,” wrote Judge Eric Clay in the decision that saw the U.S. 6th Circuit Court of Appeals in Cincinnati side with the U.S. District Court in Grand Rapids' dismissal.
Clay concluded the decision by stating that "a jury could reasonably conclude that a 97-pound pit bull, barking and lunging at the officers as they breached the entryway, posed a threat to the officers' safety."
The Browns had been living in the basement of the home, which was owned by Cheryl Brown's daughter, Danielle Nesbitt. Nesbitt had a child with Vincent Jones, who was allegedly using the residence to sell drugs, according to WOOD TV.
"It was a good ruling," Police Chief Jim Blocker told the Battle Creek Enquirer. "It pointed out some things we have to improve upon, but supported our operating concept that officers must act within reason."
http://www.nydailynews.com/news/national/court-rules-dogs-shot-bark-police-enter-home-article-1.2926772
Shoot whatever you want...officer safety!
Edit: I searched before but got no hits on my terms and found another thread on the same incident after (http://www.ronpaulforums.com/showthread.php?505673-6th-circuit-appeals-court-cops-can-legally-kill-your-pets-if-they-do-anything-but-sit-quietly) delete if you want or merge.