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The Water Cooler
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Oklahoma deputy kills family dog
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<blockquote data-quote="Billybob" data-source="post: 2247204" data-attributes="member: 1294"><p>That depends on the totality of the circumstances in any given situation.</p><p></p><p>[While attending the ILEETA Conference last month, I attended a class facilitated by Laura Scarry, a Chicago attorney who represents law enforcement officers accused of civil rights violations at the state and federal level. Ms. Scarry advised participants of this change in the court’s view regarding dog shootings. We learned, in fact, such a shooting could possibly be deemed a violation of the Fourth Amendment! This class informed participants of current court rulings in place by circuit courts ruling that the use of deadly physical force can result in a federal civil rights lawsuit if a dog is “wrongfully” injured or killed.</p><p></p><p>For the purposes of this article, the portion of the Fourth Amendment under discussion is where the Fourth Amendment discusses that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The federal courts recognize a dog, one’s canine companion, as an “effect.”</p><p></p><p>The precedent in place is a result of the 9th Circuit Court of Appeals ruling in the case of Fuller v Vines, 36 F.3d 65,68 (9th Cir. 1994). In this case, an officer’s shooting and killing of a defendant’s dog could constitute a seizure under the Fourth Amendment. As of the ILEETA Conference, at least three federal circuit courts of appeal have noted that the shooting of a dog by police is a seizure under the Fourth Amendment. The flexibility of the courts to address changing expectations of society with the passing of time is firmly in place within the Constitution, in the Bill of Rights .A dog is now protected from a “wrongful death.”</p><p></p><p>The use of deadly physical force against a dog will not be tolerated unless, as in all shootings, objective reasonableness is established by the totality of circumstances in place at the time of the incident based on the officer’s understanding of the facts. Such an understanding is formed:</p><p></p><p>• From the perspective of a reasonable officer</p><p></p><p>• On the scene</p><p></p><p>• At the moment force was used.</p><p></p><p>• Without 20/20 hindsight</p><p></p><p>• In circumstances that are tense, uncertain, and rapidly evolving...]</p><p></p><p><a href="http://lawenforcementtoday.com/tag/dog-shooting/" target="_blank">http://lawenforcementtoday.com/tag/dog-shooting/</a></p></blockquote><p></p>
[QUOTE="Billybob, post: 2247204, member: 1294"] That depends on the totality of the circumstances in any given situation. [While attending the ILEETA Conference last month, I attended a class facilitated by Laura Scarry, a Chicago attorney who represents law enforcement officers accused of civil rights violations at the state and federal level. Ms. Scarry advised participants of this change in the court’s view regarding dog shootings. We learned, in fact, such a shooting could possibly be deemed a violation of the Fourth Amendment! This class informed participants of current court rulings in place by circuit courts ruling that the use of deadly physical force can result in a federal civil rights lawsuit if a dog is “wrongfully” injured or killed. For the purposes of this article, the portion of the Fourth Amendment under discussion is where the Fourth Amendment discusses that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The federal courts recognize a dog, one’s canine companion, as an “effect.” The precedent in place is a result of the 9th Circuit Court of Appeals ruling in the case of Fuller v Vines, 36 F.3d 65,68 (9th Cir. 1994). In this case, an officer’s shooting and killing of a defendant’s dog could constitute a seizure under the Fourth Amendment. As of the ILEETA Conference, at least three federal circuit courts of appeal have noted that the shooting of a dog by police is a seizure under the Fourth Amendment. The flexibility of the courts to address changing expectations of society with the passing of time is firmly in place within the Constitution, in the Bill of Rights .A dog is now protected from a “wrongful death.” The use of deadly physical force against a dog will not be tolerated unless, as in all shootings, objective reasonableness is established by the totality of circumstances in place at the time of the incident based on the officer’s understanding of the facts. Such an understanding is formed: • From the perspective of a reasonable officer • On the scene • At the moment force was used. • Without 20/20 hindsight • In circumstances that are tense, uncertain, and rapidly evolving...] [url]http://lawenforcementtoday.com/tag/dog-shooting/[/url] [/QUOTE]
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