United States News
See other United States News Articles
Title: Federal Judge Rules Unlicensed Dogs Aren't Protected By Fourth Amendment
Source:
Reason
URL Source: http://reason.com/blog/2017/08/03/f ... dge-rules-unlicensed-dogs-aren
Published: Aug 3, 2017
Author: C.J. Ciaramella
Post Date: 2017-08-04 10:11:12 by Deckard
Keywords: None
Views: 3056
Comments: 39
A federal judge ruled Wednesday that a Michigan woman has no basis to sue the Detroit Police Department (DPD) for shooting her three dogs because they were not properly licensed. U.S. District Court Judge George Caram Steeh dismissed a federal civil rights lawsuit filed by Detroit resident Nikita Smith last last year after a marijuana raid by Detroit police left her three dogs shot to death. The ruling is the first time a federal court has considered the question of whether an unlicensed pet—in violation of city or state code—is protected property under the Fourth Amendment. Federal courts have established that pets are protected from unreasonable seizures (read: killing) by police, but the city of Detroit argued in a motion in March that Smith's dogs, because they were unlicensed, were "contraband" for the purposes of the Fourth Amendment, meaning she had no legitimate property interest in them and therefore no basis to sue the officers or department. In his Wednesday opinion Steeh agreed. "The Court is aware that this conclusion may not sit well with dog owners and animal lovers in general," the judge wrote. "The reason for any unease stems from the fact that while pet owners consider their pets to be family members, the law considers pets to be property." "The requirements of the Michigan Dog Law and the Detroit City Code, including that all dogs be current with their rabies vaccines, exist to safeguard the public from dangerous animals," he continued. "When a person owns a dog that is unlicensed, in the eyes of the law it is no different than owning any other type of illegal property or contraband. Without any legitimate possessory interest in the dogs, there can be no violation of the Fourth Amendment." And without any Fourth Amendment violation, Steeh continued, there is no basis for a civil rights claim against the city. Steeh also ruled that Smith's suit would have been dismissed even if she had a cognizable property interest in the dogs, finding that the animals presented an imminent threat to the officers. Smith's lawsuit characterized the Detroit police officers who raided her house as a "dog death squad." She claimed officers shot one of her pets through a closed bathroom door. Graphic photos from the raid on Smith's house showed the dog lying dead in a blood-soaked bathroom. Smith's case is only one of several lawsuits that have been filed against the DPD for dog shootings over the past two years. The city of Detroit settled one of those suits for $100,000 after dash cam video showed an officer shooting a man's dog while it was chained to a fence. It was also one of three lawsuits against DPD for shooting dogs during marijuana raids. The most recent was filed in June after DPD officers allegedly shot a couple's dogs while the animals were behind a backyard fence. A Reason investigation last year found the DPD's Major Violators Unit, which conducts drug raids in the city, has a track record of leaving dead dogs in its wake. One officer had shot 39 dogs over the course of his career before the raid on Smith's house, according to public records. That officer is now up to 73 kills, according to the most recent records obtained by Reason. Two other officers involved in the Smith raid testified during the trial that they had shot "fewer than 20" and "at least 19" dogs over the course of their careers. The court's opinion notes that the "police officers conducting the search had not received any specific training on how to handle animal encounters during raids." The ruling also noted that Detroit police supervisors found that the shooting of Smith's dogs by officers were all justified. "However, as in many other cases, the ratifying officers did so without speaking to the officers about what had transpired," the court wrote. Reason's review of "destruction of animal" reports filed by Detroit police officers did not find a single instance where a supervisor found that a dog shooting was unjustified. Detroit police obtained a search warrant for Smith's residence after receiving a tip that marijuana was being sold out of it. Police confiscated 25 grams of marijuana as a result of the raid, and Smith was charged with a misdemeanor. However, the case against her was later dismissed when officers failed to appear at her court hearing. Neither an attorney for Smith nor the Detroit Police Department were immediately available for comment. Poster Comment: Police confiscated 25 grams of marijuana as a result of the raid... Less than one ounce.Nikita Smith sued the Detroit police after they shot her three dogs on a pot raid. A judge ruled the dogs were "contraband."
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
Begin Trace Mode for Comment # 27.
#27. To: Deckard, jeremiad, Vicomte13, Stoner, Pinguinite, Anthem, A K A Stone, rlk (#0)
Smith v. Detroit, Doc 27, Order Granting Defendant's Motion for Summary Judgment at pp. 3-11 This case arises out of a drug raid conducted on January 14, 2016 at 18488 Sussex, Detroit, MI. Plaintiffs, Smith and Thomas, began squatting at this residence (the “residence”) shortly after Thanksgiving in 2015. They were accompanied by three unlicensed dogs: “Debo,” a nine-year-old Pit Bull; “Smoke,” a seven-year-old Rottweiler; and “Mama,” an ironically named seventeen-month-old pregnant Pit Bull. Before Thomas started dating Smith, he purchased Debo for $600. (Thomas Dep. at 13). Additionally, he paid around $200 for Smoke. (Id.). The record does not indicate how much Thomas paid for Mama. In January 2016, neighbors lodged complaints to the narcotics hotline that Smith and Thomas were occupying, and selling marijuana out of, the residence. (Wawrzyniak Dep. at 8-9). Officer Wawrzyniak then oversaw the controlled purchase of marijuana by a confidential informant at the residence on January 11, 2016. (Id.). Officer Wawrzyniak asked the informant whether there were any dogs in the residence, to which the informant replied that he “thought he heard a small dog.” (Id. at 14). On January 12, 2016, police obtained a warrant to search the residence for narcotics. Officers Gaines, Howell, Morrison, Paul and Wawrzyniak, and Sergeant Harris arrived at the residence to execute the search warrant on January 14, 2016. The officers conducted a quick briefing immediately before the raid, during which Officer Wawrzyniak discussed the residence’s location, the controlled purchase that had taken place there, described the seller, and told everyone that an informant had indicated that there might be a small dog inside the residence. (Morrison Dep. at 30; Gaines Dep. at 10; Wawrzyniak Dep. at 16). At his deposition, Officer Wawrzyniak described the plans the officers had in case they were confronted by dogs at the residence: “The first two guys that walks through that door with the long guns and if they can kick [the small dogs] out of the way and they proceed to run to a corner, fine, but if they come back to attack then you just have to eliminate that threat so no one gets bit.” (Wawrzyniak Dep. at 16-17). When asked whether the only two options for dealing with dogs were to “either shoot or kick away,” Officer Wawrzyniak responded “absolutely,” and that the police “have no other tool to deal with a dog.” (Id. at 17). Upon arriving at the residence, the police officers gathered on the front porch, knocked and announced their presence, and announced several times that they had a search warrant. (Morrison Dep. at 27). Before breaching the door, police officers heard the dogs barking. (Gaines Dep. at 8, 13; Wawrzyniak Dep. at 29). According to Officer Gaines, the police did not change their plans when they became aware of the three dogs because they were concerned that Smith would flush narcotics down the drain if they delayed conducting the search. (Gaines Dep. at 16). Smith contends that when she saw the officers in front of her house and the dogs started barking, she called out that she was going to secure the dogs. (Smith Dep. at 20-21). She then put Debo and Mama in the basement and pushed the stove in front of the stairs leading down to the basement. Smoke was already in the bathroom behind a closed door. Dog 1: Officers Morrison and Gaines shoot Debo near the entrance to the home According to Smith, by the time she walked back to the living room, the officers were entering the house and Debo had escaped from the basement. “The first thing after I put the dogs up, my dog Debo . . . pushed the stove, and next thing you know he is standing beside me with the officers…He got out the – barricade, came to where I was at, stood there beside me, as the police officer was standing there with the guns already pointed, so as soon as that happened they – he shot him right next to me, right by my feet.” (Id. at 28). As Smith described the situation, Debo was sitting or standing next to her when the officers shot at least three or four rounds, hitting Debo in the head (Id. at 28-29). Officer Morrison was the first police officer to enter the residence. (Morrison Dep. at 37-38). He testified that upon entering the residence, he immediately encountered Debo, a “vicious” grey Pit Bull. (Id. at 33-34). Officer Gaines said, “[t]he dog was immediately charging, trying to come out and attack us.” (Gaines Dep. at 16). Officer Morrison expressed concern that retreating would put the other officers, who were on the porch behind him, at risk. (Morrison Dep. at 39-40). He was also concerned that if the dog was able to reach him, he would get mauled. (Id.). Officer Morrison fired one shot low, down at Debo’s legs, because Smith was standing behind the dog. (Id. at 33-34, 38). Debo was approximately three feet away from Smith when Officer Morrison shot him. (Id. at 40). Officer Morrison says that Smith then asked the officers if she could “put the dog up.” (Morrison Dep. at 43). Smith took Debo through the dining room, into the kitchen. (Gaines Dep. at 20; Diagram, Position No. 6). Officer Gaines, who could see Smith holding Debo in the kitchen, claims that Smith lost control of Debo, who then charged at him. (Gaines Dep. at 21-22, 25-26). Officer Morrison testified that Debo charged through the dining room into the doorway between the living room and dining room. (Morrison Dep. at 38). Officer Gaines fired at least seven rounds at Debo. (Gaines Dep. at 51). Debo died next to Smith, in the doorway between the dining and living rooms. (Smith Dep. at 28-32). Dog 2: Officers Morrison, Gaines and Paul shoot Smoke in the bathroom The police officers continued to clear the residence. After hearing barking from the bathroom, Officer Morrison cracked the door open to check whether any people were inside with the dog. (Morrison Dep. at 53-54). Officer Morrison did not see any people in the bathroom, so he closed the door. (Id. at 54-56). However, Officer Morrison did see Smoke in the bathroom, whom he described as a “vicious” dog that was “growling and exhibiting a posture or other indicators that a [sic] imminent attack is probably going to occur.” (Id. at 64). Smith disputed this description, and said that Smoke was not barking. (Smith Dep. at 39). Officers Morrison, Gaines, and Howell all testified that Smoke then opened the closed bathroom door by himself. (Gaines Dep. at 15, 33-34; Morrison Dep. at 61; Howell Dep. at 29). According to Officer Gaines, “[t]he dog opened the door. It was amazing. I was amazed. I was literally amazed.” (Gaines Dep. at 33). Officer Howell said that she was worried a person was in the bathroom when she heard the doorknob jiggle, before seeing that the dog had opened it. (Howell Dep. at 29). None of the police reports or documents reference Smoke opening the bathroom door. (Wawrzyniak Dep. at 27-28). Officers Morrison and Gaines testified that after opening the bathroom door, Smoke became trapped between the inward-opening door and the vanity in the bathroom. (Morrison Dep. at 61; Gaines Dep. at 36, 40). They say they shot Smoke before he could break free through the partially opened door. (Morrison Dep. at 62; Gaines Dep. at 15). Later, Officer Paul entered the bathroom and shot Smoke, who had already been mortally wounded, to stop his suffering. (Paul Dep. at 15). Smith testified that the police officers discussed whether or not to shoot the dog in the bathroom before shooting through the door. (Smith Dep. at 37-41). According to Smith, Smoke was not attacking or expressing aggression toward the police. (Id. at 52-53). Although Smith testified that she had seen the police officers fire multiple shots through the closed bathroom door, she used the word “probably” multiple times when describing the police officers’ actions. (Id. at 38, 52). When asked what she meant by ‘probably,’ Smith responded “Well, I didn’t actually - you know, I seen when they did what they did, but I didn’t see when they – whoa, what am I saying?” (Id. at 38). Officer Morrison expressed concerns that if the police officers did not shoot Smoke, he would have escaped the bathroom area and entered the living room. (Morrison Dep. at 63-64). If Smoke entered the living room, Smith and the police officers would have been in each other’s lines of fire, rendering them defenseless against the dog. (Id.). Officer Morrison also testified that Smith said she “did not know how to handle” and “couldn’t control” Smoke because “it wasn’t her dog.” (Id. at 111-112). Dog 3: Officer Paul shoots Mama on the staircase to the basement Police officers continued clearing the residence. While Officers Paul and Wawrzyniak were at the top of the staircase leading to the basement, Mama began charging up the stairs. (Paul Dep. at 8; Wawrzyniak Dep. at 46-47). Officer Paul testified that Mama showed her teeth and expressed an aggressive disposition. (Paul Dep. at 10). Mama climbed the stairs three to five feet, and was between ten and twenty feet away from Officer Paul when he shot and killed her. (Id. at 9-10). No narcotics or people were found in the basement. (Id. at 13). Smith saw police officers descend into the basement, where Mama was located, but did not see what happened in the basement and did not see the police officers shoot Mama. (Smith Dep. at 34-36). Officers found 25.8 grams of marijuana in the residence. Smith was arrested and charged with a misdemeanor violation of Detroit’s marijuana law. However, Smith’s charges were dismissed when the police officers did not appear in court to testify against her. Supervisors later ratified the police officers’ conduct, concluding that the shootings were all justified. However, as in many other cases, the ratifying officers did so without speaking to the officers about what had transpired. The police officers conducting the search had not received any specific training on how to handle animal encounters during raids. (Wawrzyniak Dep. at 65). Officer Morrison testified that he had shot thirtynine dogs before shooting Debo and Smoke. (Morrison Dep. at 67). A Destruction of Animal Report (“DOA Report”) indicates that as of July 11, 2016 he had shot at least sixty-nine animals. (DOA Report, at 1). Officer Gaines testified that he has killed fewer than twenty dogs. (Gaines Dep. at 52). Officer Ryan has shot at least nineteen animals. (DOA Report, at 5).
#33. To: nolu chan, all (#27)
Shooting this number of dogs is not a matter of necessity, but is entirly a matter of sadistic sport practiced by dangerous aggressive bullying psychopaths. It should be viewed as such and punished as such.
Top • Page Up • Full Thread • Page Down • Bottom/LatestFACTUAL BACKGROUND
Replies to Comment # 27. Officer Morrison testified that he had shot thirtynine dogs before shooting Debo and Smoke. (Morrison Dep. at 67). A Destruction of Animal Report (“DOA Report”) indicates that as of July 11, 2016 he had shot at least sixty-nine animals. (DOA Report, at 1). Officer Gaines testified that he has killed fewer than twenty dogs. (Gaines Dep. at 52). Officer Ryan has shot at least nineteen animals. (DOA Report, at 5).
End Trace Mode for Comment # 27.
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]