A federal court in Grand Rapids, Michigan ruled in favor of police who shoot barking or moving dogs while an officer enters a home. The ruling is the final decision in a lawsuit from Grand Rapids residents Mark and Cheryl Brown, whose pit bull terriers were fatally shot when police issued a search warrant to their home in 2013.
An officer successfully argued that he shot the first dog after it moved a few inches and lunged in his direction, and when the dog ran away to the basement, he followed the pet and killed it. Another officer killed the couple’s second dog when it also ran to the basement and barked at them.
“The standard we set out today is that a police officer’s use of deadly force against a dog while executing a search warrant to search a home for illegal drug activity is reasonable under the Fourth Amendment when the dog poses an imminent threat to the officer’s safety,” Judge Eric Clay wrote in his decision, saying the couple failed to provide solid evidence that the dogs did not lunge or bark at the officers.
According to the Battle Creek Enquirer, the officers argued that they could not have cleared the basement without killing the dogs. While the area’s police chief supported the ruling, he admitted that the lawsuit highlighted some actions to be improved upon.
"It was a good ruling," Police Chief Jim Blocker told the newspaper "It pointed out some things we have to improve upon, but supported our operating concept that officers must act within reason."
