7 th NATIONAL ANIMAL CRUELTY PROSECUTION CONFERENCE 2017 Presenters: Diane Balkin Senior Staff Attorney Animal Legal Defense Fund Criminal Justice Program Denver, Colorado Jim Crosby Canine aggression and behavior expert Retired Police Lieutenant Jacksonville, Florida 1
We estimate that 10,000 dogs per year are shot by U.S. law enforcement. It s an epidemic. Laurel Matthews, Department of Justice When dogs are shot by law enforcement, it rips at the basic thread that holds law enforcement and the community together! John Thompson, Deputy Executive Director, National Sheriffs Association, Alexandria, VA 2
Culture of the Department Historical treatment and beliefs about dogs Resistance to change Lack of policies Training, Understanding, Planning Lack of training about dog behavior Lack of training about how to handle encounters Lack of understand the human / animal bond Lack of planning regarding raids and executions of search warrants Wrong Cop, Bad Cop Fear Perceived Threat Real Threat Paranoia including breed bias 3
Officer involved shootings of dogs is not just a law enforcement problem it is a community problem Dog Owners must minimize the risk Secure their dog before contacting law enforcement Secure their dog if law enforcement is in the area. Secure their property to prevent their dog from getting out. Control their dog at all times and never let them roam. Police Officers must minimize the risk The National Law Enforcement Center on Animal Abuse National Sheriffs Association established NLECAA to provide law enforcement officers information on the realities of animal abuse, and to promote their proactive involvement in the enforcement of animal abuse laws in their communities. The Center serves as an information clearinghouse and forum for law enforcement on the growing problem of animal abuse, its link to other types of crimes, including violence against humans and officer-dog encounters. www.sheriffs.org/nlecaa 4
Our Mission: To use our collective resources to reduce violence against animals and increase awareness of it s link to violence against children, families, and societies, by achieving the following objectives: Share information, knowledge, experiences, and practices. Identify ways in which participating organizations can work together to reduce violence against animals. Identify gaps in the current efforts to reduce violence against animals and recommend policies, programs, and research that will stimulate the reduction of violence against animals and to offer resources to meet that goal. Speak with ONE VOICE on national issues that affect the mission of the coalition as a whole http://ncovaa.org/ World premier: Austin, November 1, 2015 http://ofdogsandmen.net/ 5
CHLOE CASE CHLOE CASE December 20, 2012 6
A person commits aggravated cruelty to animals if he knowingly and needlessly kills an animal. CHLOE CASE Execution of public duty Use of physical force in defense of a person (self defense) CHLOE CASE 7
CHLOE CASE October 2, 2013 CHLOE CASE November 14, 2013 8
CHLOE CASE January 25, 2016 Law enforcement officers are seldom the target of any criminal investigation Statements are usually limited to fellow officers, the suspect officer and the heartbroken animal owners Who wins the credibility war? What about Garrity advisements 9
Animal-related crimes are often underinvestigated No crime scene investigation even if there s a video No scientific testing of the animal No necropsy, no radiographs No experts: use of force, police training Note: the defense will have the experts lined up If there is no video of the shooting, how provable is the case? Do you think law enforcement officers or animal owners will tell you the truth, the whole truth and nothing but the truth? Are you prepared for the emotional and professional toll it will take on you 10
Perceived of as caring profession Protect us from them Use of force is allowed When do they actually cross the line? Criminal intent Species and breed bias Trained to deal with humans (not dogs) Beyond a reasonable doubt 11
Lawsuits for damages under the Federal Civil Rights Act, 42 U.S.C. Sections 1983, 1988 The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 12
Every person who, under color of any state law, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law. 13
The warrants were not based on probable cause to believe evidence of a crime would be found. The warrants were overbroad. The warrants were not executed in a reasonable manner. Isolate or shoot them. No specific plan for isolating the dogs. Plan consisted of first hoping the dogs would not appear at the gate. If they did, planned to poke them through the fence with a shotgun and try to scare them. If that did not work, planned to engage the dogs, i.e. shoot them. 14
Balance the nature and quality of the intrusion on the individual s Fourth Amendment interests against the countervailing governmental interests at stake. Graham v. Connor, 490 U.S. 386, 396 (1989) Dogs are more than just a personal effect. The emotional attachment to a family s dog is not comparable to a possessory interest in furniture. 15
Law enforcement interest in seeking evidence of murder Need for stealth and speed Safety of the officers Officers knew about the dogs and had substantial time to develop strategies for immobilizing them. The officers violated the plaintiffs Fourth Amendment rights by unnecessarily shooting the dogs. This right was clearly established. Saucier v. Katz,533 U.S. 194 (2001) Fuller v. Vines, 36 F.3d 65 (9 th Cir. 1994), overruled on other grounds, 278 F.3d 1007 (9 th Cir. 2002) 16
In 2006, the City of San Jose settled with the Hells Angels and their attorneys for $800,000. Fees are to be awarded in the ordinary case to a prevailing plaintiff at the hourly rate paid charged by attorneys of comparable experience and skill. Prevailing defendants may only obtain fees if the litigation was frivolous, unreasonable, or without foundation. 17
This case is not the kind where the officer was reacting to a sudden unexpected situation, where the officers were confronted with exigent circumstances. Officers opened gate to plaintiff s backyard absent exigent circumstances. When dog came out into front yard, officers alleged it lunged at them and shot it 12 times. City of Richmond settled with Plaintiffs for $210,000. Note: An additional $15,000 was awarded to an injured bystander because a bullet casing struck her in the neck during the shooting. 18
High Price to Pay for Unnecessary Canine Death May, 2017 http://cops.igpa.uillinois.edu/resources/police-dog-encounters 19
COLORADO DOG PROTECTION ACT May 13, 2013 State Legislation Year enacted Colorado CRS 29-5-112 2013 Illinois 50 ILCS 705/10.14 2014 Ohio Tennessee Texas ORC 109.747, ORC 109.77, and ORC 109.79 Tenn. Code Ann. 4-7-118 and 38-8-117 (not mand) Texas Occupations Code 1701.253 2015 2004 2016 20