Shasta Lake, CA asked in Animal / Dog Law and Wrongful Death for California

Q: Can officers shoot my dog during an eviction

Officers were warned by both resident's and landloRd that my dog is aggressive towards yelling and guns, sent my buddy to restrain him. A officer yelling, opened the garage door with gun aimed forword, causing my dog to bite his pant leg. Dog wa's yanked back from officer, at which point he was no longer trying to bite, at which time the officer shot him in the head. Is this legal? He was warned and entered with a gun, with no announcement, and my dog was restrained and posed no further threat

1 Lawyer Answer
William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Yes, it's legal. The officer was warned that your dog was aggressive. Your dog tried to bite the offer and, in fact, bit his pants. Your dog demonstrated that he was a threat to the officer's safety, even though you had restrained him at that moment. There was no guarantee that your restraint was permanent and that the threat would not reappear. The officer doesn't have to wait until he is being mauled.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.