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1 ISSN: (ONLINE) Dangerous Dog Encounters: Best Practices for Police Officers, Threat Assessment, and Use of Force Sue Diane Weaver Emmanuel College, Franklin Springs, Georgia Abstract The purpose of this article is to offer alternative, less lethal force options to police officers when encountering a potentially dangerous dog. Due to the negative impact on police public relations and potential litigation when a police officer shoots a dog, it is important provide training to police departments in handling dangerous dog encounters to help reduce the liability. Details include threat assessment as it pertains to dog behavior, to assist officers in determining appropriate force options based upon the cues given by dogs. In addition, a brief review of the literature surrounding dog bite statistics and breed stereotypes is presented. Bite prevention methods are discussed as well as various force measures to curtail an attack. Key words: police shootings, dog bite prevention, dangerous dogs, use of force, threat assessment

2 2 Dangerous Dog Encounters: Best Practices for Police Officers, Threat Assessment and Use of Force Overview Traditionally, police officers are well trained in use of force and taught when the use of deadly force is an appropriate force option (North Carolina Department of Justice, n.d.). Supreme Court rulings base appropriate use of force standard on the objective reasonableness test (See Graham v. Connor 109 S.Ct [1989]). In other words, taking into account the necessity of making a split-second decision, what would a police officer at the scene consider reasonable force? Officers who can articulate that they felt threatened or feared for their life have the authority to use an appropriate level of force to gain compliance or to stop the threat. According to the Animal Legal Defense Fund ( Dogs Shot by Cops, 2013), perceived threat is the main reason police officers cited for shooting an animal. Unfortunately, the training of officers in the use of force has been limited for use in encounters with people and not with dogs. The purpose of this article is to offer alternative, less lethal force options to officers when encountering a potentially dangerous dog, including threat assessment as it pertains to dog behavior. In addition, research clarifying breed specific aggression will be included. Approximately 40% of residential households own a dog as a pet (Bathurst, Cleary, Delise, VanKavage, & Rushing, 2011). Thus, it is common during the daily routine of a police officer to encounter dogs, and therefore understanding basic dog behavior is an important issue. Rookie police officers are taught communication skills and threat assessments, but only as these skills apply to human interactions (B. W. Gay, personal communication, January 6, 2014). Considering the frequency of dog encounters and... the number of dog fatalities by law enforcement on the increase... (B. K. Melekian, as cited in Bathurst, et al., 2011, p. 1), a discussion of response options are both timely and important. In browsing news stories, the internet, or social media, one will quickly discover numerous accounts of the family dog being shot to death by police. According to Ozias and Reasonover (2013), the documentary Puppycide reported that every 98 minutes a dog is shot and killed by the police. In Milwaukee, Wisconsin alone, reports estimate that between 30 and 40 dogs are shot and killed each year by police ( While officer safety is paramount, ramifications exist when an officer s firearm is discharged against a family pet. First, the bullet has the potential to hit or ricochet into an unintended person, jeopardizing the public and officer safety. Second, according to various sources, the vast majority of dog bites are preventable and therefore deadly force to stop the threat is not the best force option or tactic. Third, the resulting public relations nightmare and lawsuits are costly to the police. One family is seeking $450,000 for the shooting death of their dog (Greenwood, 2013). Although estimates vary, what is known is that dog ownership is common. According to the Humane Society of the United States (2012), nearly half of all households in 2012 owned at least one dog for a total of 83.3 million dogs owned. Therefore, police are likely to encounter the family dog during their routine activities. While in most cases it is important for police to be able to clear a call quickly, this method is contrary to best practices when a dog is present. Additionally, police are trained to take a command presence, but dogs often perceive this as threatening or asserting dominance, which may in turn, provoke an attack (Maddox, 2013).

3 3 Similar to the manner in which police must take a less aggressive, slower approach in dealing with the mentally ill or in hostage situations, a few extra moments spent in assessing the threat level of a dog and responding accordingly, can prevent an attack or subsequently shooting of a dog. According to Gammill (2013), 99% of all dog bites are preventable. Under this same assertion, a majority of dog shootings may also be preventable. Dog Bite Data For a clearer perspective on the prevalence of dog attacks, consider the following research. Serious dog bites are a rare occurrence about.002 percent (one-fifth of one percent) of the U.S. population, or about 360,000 individuals have ever reported being bitten (Gammill, 2013; Langley, 2009; Sacks & Kresnow, 2008). Even rarer is a dog bite resulting in a fatality, with an average of 31 deaths per year for the six year period of 2007 through 2012 (Phillips, 2013). In a 2009 study of human fatalities from dog attacks from 1979 through 2005, the average occurrence of a dog-related death was less than a 1 in 10 million chance of dying (Langley, 2009). Children under the age of 10 are more likely than adults to die from a dog attack. With this information in mind, it draws into question the need for police to use deadly force against dogs so frequently. The vast majority of biting dogs are males, and to a lesser extent, unaltered and chained ( All Dog Bite Statistics. 2013). Any dog can bite given the right circumstances, and approaching a dog in any confined space (such as in a living room, fenced yard, or on a chain) may cause the dog to defend that territory vigorously (Rice, 2012). If at all possible, it is best to have the owner securely confine the dog to a crate or in another room, regardless of the type or size of dog. While many of the dogs shot and killed by police have been pit bull type dogs, all variety of types, breeds, and sizes of dog have been killed ( Gunned Down, 2013). Obtaining reliable dog bite statistics is difficult, as many dog bite victims do not seek medical attention or report the bite, especially if the bite was inflicted by the family dog or the wound does not require sutures (Langley, 2009). More serious bites tend to be reported and because larger, more powerful dogs inflict more serious wounds, it appears that those breeds of dogs are disproportionately responsible for inflicting higher numbers of attacks, when in truth the level of reporting skews the facts (Woestendiek, 2013). Breed stereotypes and media hype is likely to have a negative effect on police attitudes toward certain breeds, and subsequently the decision to use lethal force. However, contrary to these stereotypes, research indicates that breeds other than Pit Bull Terriers and Rottweiler breeds are more likely to display aggression toward strangers or household members (Duffy, Hsu, & Serpell, 2008; van den Berg, Heuven, van den Berg, Duffy, & Serpell, 2010; Woestendiek, 2013). In a study comparing Golden Retrievers, Labrador Retrievers and German Shepherds with a validated scale measuring stranger-directed aggression; the German Shepherds score was statistically significant with lower aggression than the other two breeds (van den Berg et al., 2010). Furthermore, in a study comparing more than 30 dog breeds, the breeds exhibiting serious aggression (e.g., bites or bite attempts) toward humans included: Dachshunds, Chihuahuas and Jack Russell Terriers (toward strangers and owners); Australian Cattle Dogs (toward strangers); and American Cockers and Beagles (toward owners) (Duffy, Hsu, & Serpell, 2008, p. 441).

4 4 Rottweiler breeds showed more than the median level aggression toward unfamiliar dogs, however less than Dachshunds, English Springer Spaniels, West Highland Terriers, and Yorkshire Terriers (Duffy, Hus, & Serpell, 2008). In addition, Rottweilers showed owner aggression below the median level of the more than 30 breeds evaluated and very similar to the level displayed by Shetland Sheepdogs. Pit Bull Terriers, Akitas, and Jack Russell Terriers were more aggressive than fearful when encountering an unfamiliar dog. Pit Bull Terriers aggression levels toward humans were average compared to all of the breeds presented in the study. Similarly, according to Woestendiek (2013), Rottweilers and Pit Bull Terriers scored below average for hostility toward strangers. Other research reported a higher percentage of aggression in English Cocker Spaniels compared to other breeds. The results of the study revealed that 71% of the aggressive group was intact males, and 67.6% of aggression was owner-directed (Amat, Manteca, Mariotti, Ruiz de la Torre, & Fatjo, 2009). Armed with this information, the best practice for officers is to assess the threat based on behavior cues, rather than breed of dog. Ancillary to the issue of numbers of dog bites, but of equal concern, is the level of bite. Bites may be ranked by seriousness, ranked one through six, with levels one and two being the precursor or warning to a bite (drsophiayin.com). Failure of the officer to respond appropriately may result in escalation of the bite level to three 1. Many dogs ultimately shot by police may well fall into this category as the officer felt threatened, not understanding the precursor warning signs given by the dog. Less common is an attack that is comprised of a level four bite, and classified as serious. A level four is a single bite with a deep, puncture wound and slashing due to the dog clamping down hard and shaking its head. Level five is comprised of multiple level four bites. Level six is that attack where the victim dies or flesh is consumed by the dog. According to Yin ( dogs that engage in a level five bite have had practice at levels three and four previously. If an officer is armed with the information of the bite history of a dog, he or she may choose different, more cautious tactics in handling and approaching the dog, as well as use of force response options. Threat Assessment When approaching an uncontained dog, trained officers can quickly and effectively assess the threat level of the dog. The most frequent dog-to-human aggression is fear aggression (Bathurst et al., 2011; Maddox, 2013). Signs that a dog is fearful include: stiff or frozen body position, averting gaze with whites of eyes showing, mouth closed, tail and head low, excessive panting, and yawning. In some cases, the dog will pace nervously looking for an escape (Frawley, 2010). An officer should not approach or look directly at a fearful dog. Stepping back and placing one s body at an angle to the dog, looking down and speaking softly to the dog can help the dog relax (Bathurst et al., 2013). Once the signs of fear have subsided, the officer may attempt to slowly approach the dog. Another technique is to kneel on one knee (after the dog appears relaxed) and call the dog. In either situation, the officer can then leash the dog and remove it to a safe location so to proceed with the original task at hand. Most dogs will respond to this non-threatening, calm approach in a matter of a few minutes. 1 According to Dr. Sophia Yin, level 3a is a single bite with shallow skin puncture, and level 3b is multiple bites with shallow skin puncture. These bites are non- serious, but reportable.

5 5 Signs that a dog is ready to launch an imminent attack include: hard stare at the officer (eyes may be dilated), head and tail up, fur on back of neck standing up, growling, showing teeth, dog squaring up directly facing the officer (Frawley, 2010). This dog is sending the message to not come any closer. In the case the dog does not approach, the officer, while maintaining an angled body and head/eyes down position, may slowly back out of the dog s territory to safety. Officer Response Options If the dog approaches, there are two techniques an officer may use: (a) remain still, head and eyes looking down, and with arms/hands folded into the body. If needed, pivot in place to prevent the dog from circling around behind, and (b) should the dog approach from a distance of 20 to 30 feet, most dogs will respond to a firm command(s) of No! if they are still some distance away (Frawley, 2010). In some instances, an officer may inadvertently walk into a dog s territory and the dog comes running and barking directly at the officer. If the officer runs or moves quickly, this will incite the prey drive of the attacking dog and make matters worse. The officer can use a variety of everyday items to block the attack and put a barrier between the dog and himself (Bathurst et al., 2011). These include such things as a lawn chair, trash can lid, clip board, baton, and umbrella. Throwing some food for the dog may distract the dog long enough for the officer to retreat to safety. If the dog launches to bite, extend a baton, clipboard, umbrella or other item for the dog to bite. Then if the officer is bitten or the dog yet attempts to bite, the officer may use force to stop the attack. Using tools to thwart the attack is effective and less than lethal. More than 80% of dogs will cease the attack if sprayed with pepper spray (Morabito, 1997). In a study with a sample size of 20 dogs, 100% ceased the attack when the Taser was deployed (Maddox, 2013). In addition to using the baton as an alternative to biting the arm of a person, the baton can be used to strike the dog across the muzzle or the back of the neck and cause the dog to release the bite in most instances. According to Frawley, (2010), most dogs that bite will bite once or twice and then release. In the case where a dog latches on and shakes the officer (a level four or five bite), lethal force is appropriate, as the dog has no intention of giving up the fight. Summary Police are given authority to use force as needed to gain control of a serious situation or to stop a threat. In court, the use of force must pass an objective reasonableness test. However, the training and standards currently used were developed for application in police encounters with humans. Police often lack the training needed to assess the threat level of dogs they may encounter, and often resort to deadly force in stopping the perceived threat. In addition to lack of training for dangerous dog encounters, the media hype and public opinion that some breeds are inherently more dangerous, such as Pit Bull Terriers and Rottweilers, may well affect the officer s decision to use force, although research has been presented here to challenge those stereotypes. Non-lethal tactics using voice and body language was discussed in addition to methods of less-lethal force options in preventing and stopping a potential dog attack. Information was presented on assessing the threat level of the dog based upon dog behavior cues that assist trained officers in choosing the appropriate level of response. Dog bite fatalities are a rare occurrence, and the current number of dog shootings is disproportionate to the level of

6 6 threat. It is suggested that police departments implement more training in this area for their officers as a way to reduce injury and litigation, and to improve community relations. About the Author: Sue Diane Weaver, Assistant Professor, Department of Social Sciences, Emmanuel College. Correspondence concerning this article should be addressed to Sue D. Weaver, Department of Criminal Justice, Emmanuel College, 181 Spring St. Franklin Springs, Georgia sweaver@ec.edu References All dog bite statistics. (2013). Retrieved January 21, 2014 from Amat, M., Manteca, X., Mariotti, V. M., Ruiz de la Torre, J. L., & Fatjo, J. (2009). Aggressive behavior in the English cocker spaniel. Journal of Veterinary Behavior, 4, doi: /j.jveb Bathurst, C., Cleary, D., Delise, K., VanKavage, L., & Rushing, P. (2011). The problem of dogrelated incidents and encounters. U.S. Department of Justice, Office of Community Oriented Policing Services, University of Illinois Center for Public safety and Justice. Dogs shot by cops: Companion animals and law enforcement. (2013). Animal Legal Defense Fund. Retrieved January 21, 2014 from Duffy, D. L., Hsu, Y., & Serpell, J. A. (2008). Breed differences in canine aggression. Applied Animal Behavior Science, 114, Frawley, E. (2010.). What would I do if attacked by a dog? Leerburg Enterprises. Retrieved September 20, 2013 from Gammill, E. K. (2013). Why dogs bite back. The Dog Press, August 12, Gunned down: Why are so many dogs being shot by police? (2013). A Pets Advisor, May 2013 Special Report, Greenwood, A. (2013). Police shooting of Kincade, family Pit bull, leads to lawsuit, hope for reform in Baltimore. The Huffington Post, September 4, Langley, R. L. (2009). Human fatalities resulting from dog attacks in the United States, Wilderness and Environmental Medicine, 20, Maddox, G. P. (2013). Officer safety corner. Dogs and the police response: A guide for safe, successful, and humane encounters. The Police Chief, 80, Morabito, E. V. (1997). Police use of less-than-lethal force: Oleoresin Capsicum (OC) spray. Policing: An International Journal of Police Strategy and Management, 20, Ozias, M., & Reasonover, P. (2013). New documentary sounds alarm on dogs killed by police officers. Phillips, K. (2013). Canine homicides, a section of dangerous and vicious dogs. Retrieved January 21, 2014 from Rice, M. (2012). Fight the bite! Retrieved August 29, 2012 from /08/29/fight-the-bite/

7 7 Sacks, J. J., & Kresnow, M. (2008). Dog bites: Still a problem. Injury Prevention, 14, Santo, K. (2013). Body language 101: Don t let your dog s desires get lost in translation. AKC Family Dog, July/August 2013, United States Humane Society (USHS) (2013). Pets by the numbers. September 27, van den Berg, S. M., Heuven, H. C. M., van den Berg, L., Duffy, D. L., & Serpell, J. A. (2010). Evaluation of the C_BARQ as a measure of stranger-directed aggression in three common dog breeds. Applied Animal Behavior Science, 124, doi: /j.applanim Yin, S. (n.d.)

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