I wish you were right but I don't see how that would happen. Even if you sue them and win, you get the value of the dog, maybe $100. Cops can bust your door down and do whatever they want. They shot a guy here because he was holding a remote control watching TV. Jury said it was fine since he had dealt drugs before.

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Assuming he could escape intact, aren't we? My Am Staff would make you either shoot him or allow him to kill you. There wasn't a 3rd option. OTOH, my old Pit Bull would not move until you came to him. It is all hard to say.

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You sure about that? I can't see an attorney wanting to get involved for that low a sum, can you?

Well, I suppose YOU would have analyzed if it was a gun or a remote based on whether it went BANG!? Sometimes it is hard to tell what is in your hand. Could he have moved it in some way that you would have felt that he was trying to draw on you? IDK.

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OK... maybe not in every situation. A dog mauling a 3 year old is a completely different story. Sorry if it happens to be yours.

But a cop coming into an enclosed back yard looking for en escapee from prison should not be killing family dogs. Whether the dog bites them or not. In order to claim self defense in that situation, the officer should be severely chewed up.

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On some nights I still believe that a car with the fuel gauge on empty can run about fifty more miles if you have the right music very loud on the radio. - HST

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Seriously? If attacked by a dog, I'd shoot it myself so how can I blame someone for doing that?

I'd call that crazy but that boat done sailed. Why not say that he can only fire to save himself after the dog has killed him? That might make a little more sense than asking someone to let themselves be chewed up. I wouldn't but if you want to be chewed up before firing, go for it. Next you will be asking the cop to take several bullets before returning fire.

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01 Ford Excursion Powerstroke
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Cop went in someone else's backyard without permission (looking for someone who obviously did not live there, never lived there, and had no reason to be there). Had no right to shoot a dog that was in that yard. IMHO
They will win a judgement against officer and PD if they choose to do so.

That's all I will say about it. If you want to argue, split hairs and make noise, take it up with the OP.

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On some nights I still believe that a car with the fuel gauge on empty can run about fifty more miles if you have the right music very loud on the radio. - HST

1983 300SD - 305000
1984 Toyota Landcruiser - 190000
1994 GMC Jimmy - 203000

https://media.giphy.com/media/X3nnss8PAj5aU/giphy.gif

I don't know why he chose to go there or what his rational is. Did he get lost and made a mistake going there or was it deliberate, IDK.

What hair am I splitting? Your statement was that he has to be "severely chewed up" before he can call it a self defense shooting. There is no hair splitting there besides to say it was a ridiculous demand. If the dog lunged at him, I have no reason to say he shouldn't shoot to defend himself regardless of what the reason for being there was, which is another issue altogether.

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Unfortunately, you might be correct in the value of the dog. I'm curious if the "pain and suffering" aspect might come into play with a full jury?

I don't see cops busting down your door and doing whatever they want without a warrant or without exigent circumstances. If they are pursuing a criminal right into your house, they have exigent circumstances to continue. If not, they need a warrant.

Did they have a warrant to enter the premises where the fellow was shot? If so, then they can easily claim they thought he had a gun. Happens all the time here in NYC. The DB's here killed a Marine on the Grand Central Parkway who wasn't threatening or harming anybody. Cop got scared when the Marine reached for something.............. I hope they take the Police for millions.

That is the part I am having trouble with. How would they know what the guy was reaching for? By the time you find out, it would be too late for anyone. If I broke into your house and you had me, how would you know for sure whether I was reaching for a pack of smokes or a gun? You want to wait till you feel the bullet to know? That is a tough call. If YOU were the cop, how would you be sure that the guy was reaching for a gun or not? Remember, your mistake has no "take back" on it. That mistake could mean you go home in a body bag.

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i had the cops knock on my door the other day. they said my dogs were chasing people on bikes. i told them thats impossible, my dogs dont own bikes.

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Sorry, not buying that.

They do not get the right to shoot first and ask questions later. They have an obligation to wait until they see the weapon. Shooting at the slightest movement isn't acceptable IMHO.

The letter of the Law and rules of evidence verses what the Jury though was Justice.

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This is not actually an argument but:
Even if the Officer did all of those Stupid things once a Dog comes after You how do you get away from it if it wants to get You?

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84 300D, 82 Volvo 244Gl Diesel

This actually deals with NYC and their Police. Back in the 1980s there was an article on the NYC Police. The City wanted to change of to Semi auto Pistols but their P Force was so large the cost was too much.

So they did a study and found out several interesting things; Police shootings took place mostly in low light conditions, often within 10 feet from the suspect, and often the Police missed.

So you can see the pucker factor of a suspect in semi-darkness reaching for something and they are about 10 feet from you.

A fully coherent person will not reach for anything but the Police deal with a lot of substance abusers and people with mental issues that act erratically.
　

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84 300D, 82 Volvo 244Gl Diesel

Not related to the OP...but is it just me or does it seem that since 9/11 there are a lot of cops who are oversteroided, overgunned and underbrained?

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