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

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posted on Dec, 29 2016 @ 03:44 PM
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During a drug raid, if a dog lunges at the police or barks, and they would, they can simply be shot.
Can anyone else see that this could be ripe for abuse?

Police officers in Michigan shot 2 dogs for lunging at them during a drug raid. Their actions were justified. Mark and Cheryl Brown filed a suit for unreasonable search and seizure and violation of their civil rights for killing their dogs.

www.nydailynews.com...
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.


Basically the dogs were a imminent threat to the officers, and they were just in use of deadly force.


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.


I was a good ruling, the police chief told the Battle Creek Enquirer. He said some things they need to improve on, but supported the concept that the officers acted with in reason.


"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."

edit on 29-12-2016 by seasonal because: (no reason given)




posted on Dec, 29 2016 @ 03:51 PM
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who shot two dogs for lunging and barking at them


Were the dogs tied or on a leash? You don't want to be the cop that shoots my dogs if they're on a leash or tied or in their own back yard. Actually, you just don't want to be the cop that shoots my dogs period.



posted on Dec, 29 2016 @ 03:57 PM
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Did the cops actually find any drugs or anything else Illegal?

Im a bit torn on this one, as an animal lover I feel that the dogs are only protecting their families in most cases when cops barge their way into a home but with that said most drug dealers will train their dogs to attack anyone who enters their property and the dogs are normally so messed up being shot is a kindness.

I really dont know how I feel about this



posted on Dec, 29 2016 @ 04:04 PM
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a reply to: imwilliam

This gives the police alot of latitude. This could lead to, absurd abuses. If the dog barks?????



posted on Dec, 29 2016 @ 04:07 PM
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a reply to: IkNOwSTuff

I can't find any info on what they found. But one of the dogs was shot for lunging, the other was shot for barking, yes barking.



posted on Dec, 29 2016 @ 04:08 PM
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The sad thing is, so many drug dealers and criminals train dogs (particularly certain breeds) to attack, that I can see why police are afraid of them. On the other hand, there will be many good family pets killed unreasonably now.



posted on Dec, 29 2016 @ 04:11 PM
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a reply to: seasonal



This gives the police alot of latitude. This could lead to, absurd abuses. If the dog barks?????


Yeah I know, "barking". Common sense and common decency is on life support in this country.



posted on Dec, 29 2016 @ 04:15 PM
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a reply to: seasonal

Given that they are already allowed to shoot at humans lunging at them, why should dogs get any special treatment...



posted on Dec, 29 2016 @ 04:16 PM
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a reply to: stonebutterfly

Most dogs will attack if the door is rammed in and 10 soldiers, oops, I mean police officers come in screaming. The dog is going to attack, it in their nature.

This is the case where "we only shoot bad guys dogs". Of course that is what the people in power will tell us. Just like they told us there will NEVER be a law requiring us to wear our seat belt. I don't trust'em.



posted on Dec, 29 2016 @ 04:16 PM
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Why can cops in every other country manage to enter a house without needing to shoot the dog?



posted on Dec, 29 2016 @ 04:20 PM
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a reply to: MysticPearl

I don't like the sound of any of this. It is very easy to shoot now and ask questions later.

Of course if the dogs is going after the cops, but one of the dogs in the story was shot for barking.
edit on 29-12-2016 by seasonal because: (no reason given)



posted on Dec, 29 2016 @ 04:22 PM
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a reply to: seasonal

Yeah, swat teams of 20+ decked out in tactical gear totally need to be afraid of barking dogs.

I don't care who you are or who you know, if you hurt any member of my family, including my dog, you're marked.



posted on Dec, 29 2016 @ 04:23 PM
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originally posted by: imwilliam



who shot two dogs for lunging and barking at them


Were the dogs tied or on a leash? You don't want to be the cop that shoots my dogs if they're on a leash or tied or in their own back yard. Actually, you just don't want to be the cop that shoots my dogs period.


Right or wrong, people some people consider their dogs like children.

Murder someones child.

"Legally justified" wont mean a damned thing.

Folks will get crazy in the worst ways possible.



posted on Dec, 29 2016 @ 04:23 PM
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a reply to: seasonal

I guess the next step is they can shoot children if they yell at them and make them feel uncomfortable. BS ruling. These commandos er I mean officers break into the wrong house all of the time. Shooting the dogs is policy now. Better have the name badge covered up if you shoot one of my family members or you will eventually pay.



posted on Dec, 29 2016 @ 04:26 PM
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a reply to: seasonal

Bunch of crap. My Pyrenees has 6k years of protecting her family in her dna, probably more.

Only way this should be legal is with an actual warrent, no walk bys
edit on 29-12-2016 by BlueJacket because: sp



posted on Dec, 29 2016 @ 04:26 PM
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If anyone shot my dogs, I would find out where they live. No matter what happened to me, that person would be in misery for the rest of their life. My guess is, they would take the coward's way out. They wouldn't have much left to live for anyway.



posted on Dec, 29 2016 @ 04:27 PM
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a reply to: Urantia1111

Hold up, the story says if the dog barks, they can shoot them. How does barking interrupt a no knock predawn raid?

And dogs are territorial pack animals. Anyone who has a dog can attest that if someone comes crashing trough the door, the dog is going to react.

Should we have mandatory tie up and muzzle your dog in the house laws?
edit on 29-12-2016 by seasonal because: (no reason given)



posted on Dec, 29 2016 @ 04:28 PM
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a reply to: VictorVonDoom

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



posted on Dec, 29 2016 @ 04:31 PM
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originally posted by: seasonal
a reply to: Urantia1111

Hold up, the story says if the dog barks, they can shoot them. How does barking interrupt a no know predawn raid?

And dogs are territorial pack animals. Anyone who has a dog can attest that if someone comes crashing trough the door, the dog is going to react.

Should we have mandatory tie up and muzzle your dog in the house laws?


It doesnt interrupt anything.

Its an intimidation tactic.

Those guys are in riot gear and generally not in danger of being harmed by a dog.



posted on Dec, 29 2016 @ 04:31 PM
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a reply to: seasonal

Yes and out in the sticks where we live, someone busts into our house unannounced, anyone of us will shoot them, while the dogs chew them to bits. Its the law of the jungle in folks home in the country



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