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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-21-2005, 11:18 PM
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Exclamation

HELP I Need To Know Police Protocal For Serving Warrants while Your Pets are there!


undefinedWhat is the name of your state?Louisiana
I really am in need of some information regarding the proper procedure that should be used when raiding a suspects home where police are aware of suspect owning dogs? Should animal control go along, what is the procedure if one of the dogs is shot during the raid, and needs medical attention, and the suspect has to go to jail so no one is there to care for pets? What is the procedure police should have to take in a case like this? Please any help would be greatly appreciated!
  #2  
Old 08-22-2005, 07:22 AM
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Humans come first.

If a dog threatens a cop, it will be shot.

That's the protocol.
  #3  
Old 08-22-2005, 08:45 AM
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Quote:
Originally Posted by CBPrice
I really am in need of some information regarding the proper procedure that should be used when raiding a suspects home where police are aware of suspect owning dogs? Should animal control go along, what is the procedure if one of the dogs is shot during the raid, and needs medical attention, and the suspect has to go to jail so no one is there to care for pets? What is the procedure police should have to take in a case like this? Please any help would be greatly appreciated!
The police do not usually bring Animal Control with them. They might, if they suspect that they might have to impound a dog, but they usually don't anticipate shooting a dog unless they know that the house has vicious dogs that will have to be taken out before or during entry.

Since they are legally property, they will be treated as any other property damaged or destroyed during the service of a warrant. A claim can be made to the city or Parish serving the warrant. This doesn't mean they will pay, but you can certainly ASK them to ... and then try to take them to court if they don't.

- Carl
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....author unknown
  #4  
Old 08-23-2005, 11:10 AM
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I am by no means a lawyer but I saw this post and I had to read it. I know that the police are allowed to shoot an animal if they feel the animal will harm them but that doesn't make it right. The community is calling for the officer's badge due to his behavior (see link). Of course the brass are supporting the officer right now but there have already been demonstrations against this officer, I hope that the political pressure gets to them soon and they address this officer.

[url]http://www.wkyc.com/news/news_fullstory.asp?id=39561[/url]
  #5  
Old 08-23-2005, 11:26 AM
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Quote:
Originally Posted by CBPrice
undefinedWhat is the name of your state?Louisiana
I really am in need of some information regarding the proper procedure that should be used when raiding a suspects home where police are aware of suspect owning dogs? Should animal control go along, what is the procedure if one of the dogs is shot during the raid, and needs medical attention, and the suspect has to go to jail so no one is there to care for pets? What is the procedure police should have to take in a case like this? Please any help would be greatly appreciated!

**A: the police have the right to serve the dog the warrant and shoot the person so named in the warrant.

Last edited by HomeGuru; 08-23-2005 at 11:38 AM.
  #6  
Old 08-23-2005, 11:28 AM
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Quote:
Originally Posted by chemist24
I am by no means a lawyer but I saw this post and I had to read it. I know that the police are allowed to shoot an animal if they feel the animal will harm them but that doesn't make it right.
So ... it would be "right" for the officer to permit himself to be mauled?

We shoot people who threaten the life and limb of another - why should dogs be exempt?

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 08-23-2005, 11:35 AM
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Quote:
Originally Posted by chemist24
I am by no means a lawyer but I saw this post and I had to read it. I know that the police are allowed to shoot an animal if they feel the animal will harm them but that doesn't make it right. The community is calling for the officer's badge due to his behavior (see link). Of course the brass are supporting the officer right now but there have already been demonstrations against this officer, I hope that the political pressure gets to them soon and they address this officer.

[url]http://www.wkyc.com/news/news_fullstory.asp?id=39561[/url]
The article you linked has no real information about the shooting ... it is impossible to form an opinion as to whether it might be justified or not based upon the story. Heck, for all we know the dog was a pitbull or some other larger breed and not a Dachshund.

Was this a dope house? Was the dog being aggressive? If the mom is pissed about the cops shooting the dog, maybe she shouldn't be involved in activity that results in the police having to respond. I doubt they were there delivering tickets to the Policeman's Ball.

I guess the officer could have taken one for the team ... I mean, heck, what's a dog bite, infection, a few stitches, and potential maiming worth compared to the family pet.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #8  
Old 08-24-2005, 01:36 PM
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Exclamation

Police Shot My Dog And Left Him To Die!@


I am in no means trying to justify what I did to entail the police coming to my home. What I am inquiring about is not the fact that the dog was shot, I take full responsibility of my dog and putting him in the position to have this happen. It is the unethical bahavior after the dog was shot that is at question. Are police supposed to neglect, deny, abandon, a injured dog, with a litter of pups that is left behind closed door without access to nurse with female dog, adequate food, water shelter, not provided, nor anyone notified of the dogs being there or about the injured dog. They were just all left to die! Thats the problem I have, and am questioning, believe me I will spend the rest of their lives making what I did up to them, but I do not believe the behavior of the police was ethical, following the arrest.
  #9  
Old 08-24-2005, 04:11 PM
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Quote:
Originally Posted by CBPrice
It is the unethical bahavior after the dog was shot that is at question. Are police supposed to neglect, deny, abandon, a injured dog, with a litter of pups that is left behind closed door without access to nurse with female dog, adequate food, water shelter, not provided, nor anyone notified of the dogs being there or about the injured dog. They were just all left to die! Thats the problem I have, and am questioning, believe me I will spend the rest of their lives making what I did up to them, but I do not believe the behavior of the police was ethical, following the arrest.
Even if it was not "ethical" it may not be unlawful. Nor may it necessarily result in any form of tort action against them. Depending on how it works in your state the liability may come full circle upon you.

Should they have left them? Probably not. But that would depend on the circumstances and upon available resources. In my county in CA we would have no way to care for or retrieve a wounded animal or puppies after 5:30 PM and on weekends so they would almost certainly have to remain right where they are.

If it were at all possible, I would have sought some form of aid for the animals. But then, I wasn't there.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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