Legal Question in Constitutional Law in California

Unlawful search results in pet being killed

San Bernardino Co. sheriffs make forcible entry into my neighbors house while attempting to serve a felony warrant. The person they were looking for had not lived at that address for over 18 months. After forcing open the front door, they made entry with guns drawn.The girlfriend of my neighbor was inside,watching T.V..She was alone except for my neighbors large dog, who reacted to the sheriffs officers kicking in the front door as most dogs would. He took an aggressive stance and began barking. At this time one of the officers fired 4 shots into the dog, who collapsed and subsequently died. After determining that the suspect they were after hadn't lived at this address for more than a year and a half, they called animal control and my neighbor(who was visiting his brother, 40 miles away)was contacted and made aware of what had occured.He immediately returned home where he was confronted with his house a place of carnage, his dog lying dead and animal control informing him that it would cost him $35 for them to remove it.Does he have any recourse?


Asked on 3/18/05, 8:13 pm

2 Answers from Attorneys
Gregory Broiles Legacy Planning Law Group

Re: Unlawful search results in pet being killed

I believe the facts here are worth following up on with a local civil rights/police misconduct attorney. The sheriffs may (or may not) have been acting reasonably when they served the warrant - they should have had up-to-date information about the suspect's location before they received the warrant, especially if it was a "no-knock" warrant. The deadlines for filing claims against city/state agencies can be very short so it is important to find an attorney quickly.

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Answered on 3/19/05, 1:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Unlawful search results in pet being killed

Your neighbor has a case if.... 1) He or she (the dog's owner) files a claim with the county within 6 MONTHS of the date of the incident; and 2) you can convince the jury that the shooting constituted animal cruelty. If not (2) then your damages are limited to the monetary value of the dog.

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Answered on 3/18/05, 8:56 pm


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