Legal Question in Criminal Law in California

Search & Kill

Can the police search your home without you there? and if so can they shoot and kill your animal that is kept in the backyard?


Asked on 3/22/07, 5:47 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Search & Kill

Substantial lawsuits can be based on the police killing people's dogs during searches -- depending on the facts of the case.

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Answered on 3/22/07, 7:10 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search & Kill

It depends on the circumstances. If the officers had a warrant or conducted the search under circumstances in which no warrant was necessary, they did not have to wait until you came home. Shooting your animal may have been proper if it was threatening their safety and if there was no other reasonable way to both protect themselves and carry out the search.

Since you have not described the circumstances, I can't say whether I think you have a case.

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Answered on 3/22/07, 7:50 pm
Terry A. Nelson Nelson & Lawless

Re: Search & Kill

"Can they?" Sure; sounds like they did.

The proper question is whether there are consequences.

Maybe. Depends on whether the warrant specified and authorized what they did. If you got arrested, then your goal is to suppress any evidence they got improperly. Get an attorney, since you admit you don't know what to do.

If you aren't arrested, the search doesn't matter, unless you think you want to 'sue'. Probably not a good idea to 'kick a sleeping dog' and antagonize them into looking closer at you.

They can neutralize animals that pose a danger, like attack them. Since you weren't there, you have no facts to argue about the reasonableness.

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Answered on 3/22/07, 8:36 pm


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