Legal Question in Civil Rights Law in New Mexico

Can a police officer who comes to my home on a call about dogs barking, shoot my dog if they see fit? my dogs have never gotting into any trouble what so ever, they have never shown aggression towards anyone or even other dogs, they simple bark to keep other animals and strangers away from our home, the way i thought all guard dogs where allowed to. Plus we are one of four houses on your street with barking dogs.

Recently we had a neighbor call the police about noise (our dogs barking) the police came to our front door where our dogs were sitting, still barking and threatened my 15 year old daughter that if she did not get our dogs under control he would not hesitate to shoot them. Can they do this?


Asked on 2/10/11, 5:11 pm

1 Answer from Attorneys
Harutiun Kassakhian The Kassakhian Law Office

The officer can use lethal force against a dog if he reasonably believes that he or another person is in danger. You should consult with an attorney who has experience litigating against police departments for violating civil rights. You can also file a complaint against the officer with the police department

It is important to document this officer's threat against your dog in case he returns to arbitrarily shoot your dog. In most counties, there are animal control officers that have the responsibility to cite dog-owners who do not adequately restrain the dogs. The animal control officers can also seize the dogs. This officer does not seem to understand what an animal control officer would do.

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Answered on 2/11/11, 9:10 am


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