Long Beach, CA asked in Animal / Dog Law for California

Q: chp shot & killed my dog April 2023, doing a homeless sweep, didn't announce himself, my dog bit him & was shot 5 times

and my German shepherds name was ryker.

(Chp kills dog at homeless camp) Video title on YouTube in Escondido CA April 2023

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, law enforcement officers have a duty to act reasonably, even when dealing with aggressive animals during their duties. The California Penal Code 835a allows officers to use force, including deadly force, when they believe it is necessary to protect themselves or others from imminent harm. However, the use of force must be proportionate to the threat faced.

In your situation, if the officer did not announce himself and there was no immediate danger to others, you might have grounds to argue that the use of deadly force was excessive. It’s important to gather all possible evidence, such as video footage and witness statements, to support your claim. This evidence can help demonstrate whether the officer's actions were reasonable under the circumstances.

You might consider filing a complaint with the California Highway Patrol (CHP) and seeking legal advice to explore your options for holding the officer accountable. Legal professionals can provide guidance on how to proceed with a claim and help you understand your rights under the law. It's important to act promptly, as there may be deadlines for filing complaints or legal actions.

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