Legal Question in Legal Ethics in California
Police enter yard with dogs
The police entered my yard in pursuit of a B&E suspect without my persmission and my dog went out and barked at them. The dog did not attack-just barked very aggressively until I came out of the house a few minutes later.
If I was not home and the dog attacked the police, can they shoot the dog or taser the dog or use mace on the dog. The USPS has used mace on dogs for a long time. Will the police do that first as opposed to shooting a dog?
1 Answer from Attorneys
Re: Police enter yard with dogs
The police, unfortunately, did not need your permission to enter the yard if they are in "hot pursuit" of a felony suspect.
Also, unfortunately, they will shoot if they feel threatened, and, it is rare that you can win a case against the police for shooting a dog. (My experience is that not only will the shooter lie during a hearing concerning shooting a dog, or an innocent bystander, but other police witnessing the event will also lie).
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