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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: 3101
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."
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Begin Trace Mode for Comment # 29.
#29. 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. 26-28: Based on this particular set of facts, the Detroit Police Department’s plan did not violate the Fourth Amendment. The police were only aware that a “small dog” might be present, and by the time they discovered that there were three large and vicious dogs, they could not change their plans. Because the plan did not violate the Fourth Amendment, the court must evaluate whether each dog posed an imminent threat to police officers when they shot it. 1. Mama: dog shot in stairway to the basement Claims based on Officer Paul shooting Mama are the simplest to dismiss. In order to survive summary judgment, there must be a “discrepancy between the dog owner’s version of events and the officers’ testimony” that goes “directly to whether the dog was an imminent threat to the safety of the officers.” Brown, 844 F.3d at 571 (citing Robinson v. Pezzat, 818 F.3d 1, 11 (D.C. Cir. 2016), in which the court reversed summary judgment in favor of the defendants because the plaintiff’s testimony that the dog did not attack the officers sufficiently established a genuine issue of material fact as to whether the shooting was objectively reasonable). The facts in this case are strikingly similar to Brown, where the plaintiffs presented no evidence that contradicted the officers’ testimony that they shot a wounded dog that had barked at them from the bottom of a staircase because the dog was preventing them from safely entering and sweeping the basement. 844 F.3d at 570. In Brown, police also shot a second dog that was standing and barking in the center of the basement, and shot the second dog again after it ran to the corner of the basement. Id. In the case at hand, Plaintiffs concededly present no evidence rebutting the police officers’ claims that the dog they shot was charging up the stairs against them. As in Brown, the dog also obstructed their ability to clear the basement for both drugs and people. Thus, there is no material dispute as to whether Mama presented an imminent threat to Officer Paul, who was not unreasonable in shooting it. 2. Debo: dog shot in entryway and between living room and dining room There is an issue of fact, conceded by Defendants, whether Debo posed an imminent threat to the safety of the officers when Officer Morrison shot Debo near the entrance of the residence. On the one hand, Officers Morrison and Gaines testified Debo immediately charged them as they entered the house, while Smith testified Debo was standing next to her. This issue of material fact goes directly to the question of whether Debo posed an imminent threat to the officers entering the house such that Officer Morrison was reasonable in shooting the dog. However, the testimony is undisputed that after Smith took Debo into the kitchen to secure the dog, Debo escaped from her hold and charged the officers. There is no issue of material fact that when Officer Gaines shot and killed Debo in the doorway between the dining and living room, Debo posed an imminent threat to the safety of the officers. Officer Gaines was not unreasonable in shooting Debo. 3. Smoke: dog shot in the bathroom Although Defendants may be able to establish that there is no issue of material fact that Smoke presented an imminent threat, counsel conceded the issue at oral argument, so we do not address it here.
There are no replies to Comment # 29. End Trace Mode for Comment # 29.
Top • Page Up • Full Thread • Page Down • Bottom/Latest The ability of the officers in this case to prepare for the dogs falls in between Hells Angels and Brown. While the Detroit Police Department had at least three days to prepare for the dogs, the anonymous informant only told Officer Wawrzyniak that Smith and Thomas possibly had a “small dog.” Additionally, Plaintiffs did not register their dogs, which might have alerted the police that there were dogs in the residence, although the fact that Plaintiffs were squatters diminishes this possibility. According to Officer Gaines, it was too late for police to change their plans when they heard the dogs barking at the door because they were concerned that Smith would flush the narcotics down the drain.
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