Tuesday, November 26, 2013

Hells Angels awarded $990,000 after 3 guard dogs were shot and killed during the execution of a warrant by San Jose Police.

Hells Angels Motorcycle Club v. City of San Jose

Hells Angels awarded $990,000 after 3 guard dogs were shot and killed during the execution of a warrant by San Jose Police.

"During the case the Ninth Circuit also acknowledged:
(a) We have recognized that dogs are more than just a personal effect.
(b) “The emotional attachment to a family’s dog is not comparable to a possessory interest in furniture.”

Most important, both entry teams had a week to plan the execution of the entry. At the Souza residence, despite advance knowledge of the presence of two guard dogs, the full extent of the plan to protect the entry team from the dogs was to either “isolate” or shoot the dogs. The officers had no specific plan for isolating the dogs."

Personally, I think that SWAT should always take Animal Control with them due to the high possibility that guard dogs will be present when executing a Raid. In this case they actually had prior visual confirmation of the threat, not just a high probability.

http://www.southbayriders.com/forums/showthread.php?t=31721

http://www.animallaw.info/cases/causfd402f3d962.htm
 

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