Tuesday, February 7, 2017

Killing Dogs During a Police Search Not Inherently Unconstitutional

The death of two dogs during a police search was deemed reasonable under the Fourth Amendment because of their aggressive behavior that was impeding a police search of a home

Brown v. Battle Creek Police Dep't, 2016 BL 420467, 6th Cir., No. 16-1575, 12/19/16.

The Sixth Circuit held that police officers did not violate the Fourth Amendment in killing two pit bulls during a drug raid. Although the court recognized that dogs are property and any unreasonable seizure of them would be considered unconstitutional, due to their aggressive nature and interference in the performance of a large-scale drug raid by police officers, their killing was reasonable. It was irrelevant to the court that the dogs were owned by occupants of the house who were not subject to the search.

https://www.bloomberglaw.com/public/desktop/document/Brown_v_Battle_Creek_Police_Dept_No_161575_2016_BL_420467_6th_Cir?1485369674

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