Federal court rules dogs can be shot if they bark, move when officer enters home stemming from controversial Michigan case

New York Daily News

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

6 thoughts on “Federal court rules dogs can be shot if they bark, move when officer enters home stemming from controversial Michigan case

  1. An old man in a black dress arbitrarily gave permission by his own authority said special men in costumes and shiny badges could shoot dogs for the crime of being………………….dogs.

  2. NATURAL LAW, OR “GOD” SAYS THAT PEOPLE HAVE A RIGHT TO DEFEND THEIR PROPERTY….. SHOOTING AT MY DOG IS THE SAME TO ME AS SHOOTING AT JILL…… YOU MIGHT GET ONE SHOT. BETTER MAKE IT GOOD.. YOU WONT GET ANOTHER……….ALWAYS PACKING… NOT AS PISSED AS EARLIER……………………………………..

  3. 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.

    this particular case is not a good example , and in no way should be used as a coverall for the abuse of killing a persons pet in their home or on its own property when it IS the cops who are entering that animals rightful curtilege

    this is nothing less than animal abuse , and destruction of personal property by the gestapo “because they can” it is also very hypocritical when they can kill your dog for being a dog but their dogs are treated like cops and untouchable

    I will ( and every other pet owner should) make it well known , you come busting in here with your shit and shoot my dog , you have just made me fear for my life as you just killed a family member , I will take steps in order to secure my safety , if that involves one of them getting hurt or killed in that act, they took this risk and made the first aggressive move , I was just merely reacting to the further preservation of my life and my families lives

    Surprising the “Animal Rights” groups are so mute about this , isnt it?

  4. “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.”

    It’s gonna take a helluva lot more than lawsuits to stop these ICM enforcers.

    Some balls, for starters.

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