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The law related to shooting a dog to protect certain types of animals, is there an exception for law enforcement?
Cincy Ohio cop shoots dog who was attacking another dog
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- High Power
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Re: Cincy Ohio cop shoots dog who was attacking another dog
Of course there is an exception, silly.M-Quigley wrote:https://www.whio.com/news/local/officer ... tTNwgFCXP/
The law related to shooting a dog to protect certain types of animals, is there an exception for law enforcement?
"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein
- catfish86
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Re: Cincy Ohio cop shoots dog who was attacking another dog
Not a lot of details to that and thus a lot of possible reasons for justification. It says the officer tried to use a taser. If the dog then turned on the officer...dead dog.
God,
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.
Carrying a gun is a right, not a crime.
Gun control is racist.
Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.
Carrying a gun is a right, not a crime.
Gun control is racist.
- DontTreadOnMe
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Re: Cincy Ohio cop shoots dog who was attacking another dog
Also remember there is no law that says you cannot use deadly force to stop a dog from attacking another dog. What the law says is that you can use deadly force to stop a dog attacking a person or any animal that is not a cat or a dog.
A lot of people assume this means you absolutely cannot use deadly force to stop a dog from attacking a dog or cat. Another interpretation is that you must attempt to use other means instead and only if those means fail and the attack continues may deadly force be used. This interpretation would be consistent with a couple verdicts we've seen reported and now with this incident.
The other interpretation says that a person can stop a wild dog from attacking the family rabbit, hamster, pig or chinchilla but must allow a larger aggressive dog to maul their family's cat or smaller dog to death.
A lot of people assume this means you absolutely cannot use deadly force to stop a dog from attacking a dog or cat. Another interpretation is that you must attempt to use other means instead and only if those means fail and the attack continues may deadly force be used. This interpretation would be consistent with a couple verdicts we've seen reported and now with this incident.
The other interpretation says that a person can stop a wild dog from attacking the family rabbit, hamster, pig or chinchilla but must allow a larger aggressive dog to maul their family's cat or smaller dog to death.
- djthomas
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Re: Cincy Ohio cop shoots dog who was attacking another dog
True, a dog can be killed for attacking most other animals, except a cat or dog. But the first part of that code is clear that a dog can also be killed for attempting to bite or otherwise endanger a person.
There's nothing that says you have to allow another dog to attack your dog, you just can't go straight to killing it. If your dog is on a leash your first instinct is going to try to pull your dog away. Guess what? In the eyes of most judges and juries out there, you're endangered by the attacking dog because you're stuck in the middle of it. There's no duty to retreat from an attacking animal.
It's worth noting that in the story referenced here the victim dog was on a leash and the officer tried to use a Taser first. I think it's pretty clear that two people were endangered and attempts to diffuse the situation non-lethally had failed.
There's nothing that says you have to allow another dog to attack your dog, you just can't go straight to killing it. If your dog is on a leash your first instinct is going to try to pull your dog away. Guess what? In the eyes of most judges and juries out there, you're endangered by the attacking dog because you're stuck in the middle of it. There's no duty to retreat from an attacking animal.
It's worth noting that in the story referenced here the victim dog was on a leash and the officer tried to use a Taser first. I think it's pretty clear that two people were endangered and attempts to diffuse the situation non-lethally had failed.