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Can I sue the police

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Wiliiam L

Guest
I have a Rottweiler that I have owned since jan.97. A guy that lives about 1/4 mile away from me stole my dog. He claims that he had a register rottweiler that disapeared in july 98. My dog was unregistered. I called the police to report my dog being stolen but they would not file a report nor did they speak with him. I had 3 years worth of pictures and the vet record on the dog that was neurtered. The police advise was to take him to small claims court. 9 days later my dog gets loose from the person that stole it and comes home. The person that stole it calls the police and says I broke into their house and stole the dog. They fill out a stolen dog report. I take my dog into town with me and I get to the local department store and find out the sister of this guy that stole my dog followed me and called the police, I had 4 police cruisers surround me and my 4 year old son. The police made me give my dog back to the person that stole him because they had filed a stolen dog report.(noting that I had tried to fill out a report 9 days before them but was not allowed) 2 weeks later my dog gets loose from the person that stole him and comes home again, this time the police comes to my house topick up the dog, after arguing with the officer and being threatened to be arrested I reluctanly gave him my dog and he return him to the person that stole him. I have a case in court trying to recover my dog. But I need to know if I can sue the police for violating my rights.
 


I AM ALWAYS LIABLE

Senior Member
Wiliiam L said:
I have a Rottweiler that I have owned since jan.97. A guy that lives about 1/4 mile away from me stole my dog. He claims that he had a register rottweiler that disapeared in july 98. My dog was unregistered. I called the police to report my dog being stolen but they would not file a report nor did they speak with him. I had 3 years worth of pictures and the vet record on the dog that was neurtered. The police advise was to take him to small claims court. 9 days later my dog gets loose from the person that stole it and comes home. The person that stole it calls the police and says I broke into their house and stole the dog. They fill out a stolen dog report. I take my dog into town with me and I get to the local department store and find out the sister of this guy that stole my dog followed me and called the police, I had 4 police cruisers surround me and my 4 year old son. The police made me give my dog back to the person that stole him because they had filed a stolen dog report.(noting that I had tried to fill out a report 9 days before them but was not allowed) 2 weeks later my dog gets loose from the person that stole him and comes home again, this time the police comes to my house topick up the dog, after arguing with the officer and being threatened to be arrested I reluctanly gave him my dog and he return him to the person that stole him. I have a case in court trying to recover my dog. But I need to know if I can sue the police for violating my rights.
My response:

There have been no "rights" violated by the police.

They told you already, this is a Civil matter, and they are correct. So far, I have read nothing in your post that you have taken any affirmative action to protect your own rights by filing a Civil complaint.

See an attorney. Small Claims court won't get your dog back.

IAAL
 
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Wiliiam L

Guest
I have a case in court to retrieve my dog. My question was how can the police Continue to seize my dog that is personal property and give it back to the person that stole him.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Easy.

They don't know you or your dog. They had to make a "spot" choice to make sure the dog would, in the interim, be with somebody.

The police also had to make a choice when they kept coming to your home to retrieve the dog. They may be mistaken, but again, they had to make a choice based upon a citizen complaint.

Since this breed of dog looks similar (if not identical) to each and every other dog of it's breed, you're really going to have a tough time proving this is your dog.

However, your one hope is to subpoena the defendant to compel him to bring the dog with him to court.

Have the court set up a test, outside the courtroom (if the judge is willing) to see who the dog goes to when called. That may be all the compelling evidence that a judge needs to make a decision on ownership, and thereby award damage money to you if you win. Make sure to bring proof of the dog's value with you to court.

Which brings me to my next point. As I mentioned in my earlier response, Small Claims court has limited jurisdiction - - that is, the judge cannot require "specific performance" e.g., to compel the defendant to physically turn the dog over to you. He can ask the defendant if he will, but the judge cannot force or compel the defendant to comply. The Small Claims judge's jurisdiction is strictly limited to "money damages".

If you want "specific performance", you needed to file your case in a court with greater jurisdiction. So, if you intend to keep your case in Small Claims court, be prepared to say good-bye to your friend, and to walk out with only a judgment for money in your hand. At best, you'll be owed money, and the dog will be his, forever. At worst, you could lose your case altogether, and the dog will still be his.

Good luck.

IAAL
 
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Wiliiam L

Guest
The case is in circut court,we go for an order of posession on the 21st of this month. I realize this breed looks alike but my dog distinguising mark is his tail is about 4 inches long. They had know pictures or proof that the dog belonged to them. The police even bought their story that they could get registration papers for it but it would cost them 350.00 dollars. And know all the police that have been involved in this keep on telling us they hope we get our dog back. If they had of done their job in the first place and took the report from me and at least looked at my pictures and my vet statement I wouldn't be going through pure H*** to get my dog back. Thanks for replying.
 
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jajamase

Guest
After you prove the dog is yours, why don't you have one of it's ears tattooed and end this mess?
 
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Wiliiam L

Guest
I'm doing one better than that I'm having a microchip inplanted.
 
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JON HRYC

Guest
ROTTI

ROTTIES ARE THE BEST IF IT WAS ME I,D GO KICK THE GUYS HEAD IN AND TAKE MY DAME DOG BACK. OH YEA THATS IN A PERFECT WORLD GOOD LUCK.
 

PukeXtract

Junior Member
A dog may be stolen for a variety of reasons. It could be by somebody who’s simply taken a fancy to the animal and wants a pet of their own, or perhaps by an estranged partner who views the pet as their own. More ominous are thefts-to-order from puppy mill operators seeking fresh breeding stock, or underground dog fights on the lookout for likely breeds as well as live animals to be used in “training.”

Although there are no hard facts to point to, organizations such as the U.K.’s Dog Trust and the U.S.A.’s Last Chance for Animals estimate that stolen dogs in their respective countries total from the thousands to the tens of thousands.

In Canada, “Dogs are stolen all the time,” according to Jennifer Montague, a spokesperson for the Western Quebec SPCA, though she can’t give an approximation of how widespread the problem is. Unspayed females and unneutered males, especially purebreds, often comprise thefts destined for puppy mill purgatory. With prices for purebred puppies running $600 and up, dog farming can prove a lucrative, if filthy, business.
When and if you do get your friend back, here are steps you can take to thwart dog theft:

No dog, unless it’s by your side day and night, is ever 100-per-cent secure. But you can minimize its risk of being stolen.

HOW TO THWART DOG THEFT:

Purebred dogs are valuable commodities, especially to puppy mills. Spaying or neutering your pet is your best defense against unlawful breeders. If you own a female, consider attaching a boldly lettered tag reading “spayed” to her collar. If your dog is micro chipped, add the security company’s tag as well.

Micro chipping and tattooing (on the inner thigh, since ears can be cut off) are vital to the retrieval of your pet. These will also, under the law, prevent your pet from ending up in a research facility.

Keep your dog collared, even around the house or backyard. A collar and tags will aid in tracing and identifying your pet, whether it playfully escapes or is physically removed.

Never leave your dog tied up outside a store.

Avoid leaving your dog in your car, especially if the vehicle is left unlocked. Never do so on a hot day anyway.

Beware of strangers who appear overly interested in your pet.

When allowing your dog to play off-leash in a park, keep your eye on him at all times.

Make sure your backyard has a high fence and consider adding a warning device, such as a cowbell to its gate. Avoid leaving your dog alone in the yard for any length of time.

Never leave your dog outside on a tethered leash.

In case of emergency, always keep an identification kit on hand. This should feature a verbal description of your dog, plus notations on distinguishing marks and characteristics, type of collar and tags as well as microchip and tattoo numbers. Include as well several up-to-date photos showing your pet from all angles.

Consider buying pet insurance from a company that also covers the cost of locating a missing animal. Margaret Koshinsky of Winnipeg’s Petsecure (formerly Pet Plan) Insurance says that regardless the level of plan, her company offers up to $1,000, with no preliminary deductible, for advertising and reward expenses.

What to do if your dog is stolen

If you are sure someone has taken your pet, contact the police right away. Insist that they take a stolen-property report and treat your concerns seriously.

Notify all shelters and animal control offices within a 50- to 100-mile radius. If you can, visit the shelters personally, and often. Sometimes dogs can be overlooked by overworked staff, or physical descriptions don’t match up.

Contact all breeders in the same area, as well as the provincial and national breed clubs.

Blanket your immediate area with flyers, putting them up on phone poles, in grocery and other retail stores, near schools, police and fire stations, as well as in core places such as veterinary offices, shelters, pet stores and grooming shops. Hand out as many flyers as you can to postal employees, garbage workers, couriers – basically anyone who works a beat. Give them to your friends and fellow dog owners, especially those who have the same breed, as their eye is specially attuned to its appearance.

Advertise in every paper and on ev-ery lost-dog web site you can. Call or write to your local paper, advising them of the theft and asking them to warn others in the neighborhood. Do the same thing with local TV and radio stations.

Be aware of scammers, who may contact you and offer to return your dog if you send them the money to do so, or who request a reward up front, before returning your dog. Better yet, report them to the police.
 

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