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Resources and Videos
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California AB 742 still pending in
California Legislature
This Bill is approved and becomes law, would essentially end the use of police dogs in policing.
MSP trooper charged with felonious assault after telling K9 to hold pleading, unresisting man
Lansing State Journal (3-5-2021)
TIME FOR CHANGE?
While policing has evolved over the decades, specialized units, which may not be a regular focus for the community, often fail to objectively evolved for several reasons. As BODY WORN VIDEO becomes the norm, consider how you want the actions of your department to be perceived by the community, the profession and potential jurors.
EFFECTIVE CANINE
CONTROL AND RECALL
Best practices in canine operations requires PSD control that is consistent with effective training and which prioritizes officer safety, community expectations; while mitigating suspect injury.
A 20-minute compilation of K9 take-downs
Prescott Valley
Police Defend
Controversial K9 Bite
Washington Post
Investigative Report Video
(November 29, 2020)
DOCUMENTS LIBRARY
POLICE REFORM
This policy may be adopted in whole or in part. It is recommended that the policy be considered in whole and revised according to the agency needs.
Please contact us
if you intend to use this policy and review the release of liability involved in the draft.
Note: If you have issues with the download, please contact us.
Updated 1010 GMT (1810 HKT) May 28, 2021
New Jersey Attorney General Directive Prohibiting the Use or Threatened Use of Canines as Means of Police Force
Introduction
In December 2020, I issued Attorney General Law Enforcement Directive (AG Directive)
No. 2020-13, which revised the state’s Use of Force Policy (UOF Policy) for the first time in two
decades and established a new framework for police interactions with civilians. At the same
time, I asked the Office of Public Integrity & Accountability (OPIA) to study one particular type
of police force—the use of canines to subdue or intimidate suspects—and recommend whether to
impose additional restrictions on its use. Based on that review, I am issuing today’s directive,
which supplements the UOF Policy by prohibiting law enforcement agencies from using canines
as a means of police force in all situations. As a result, agencies may only deploy a canine when
used to locate an object or person, and only after ensuring the canine will not bite or otherwise
attack its target.
...
MEDIA SOURCE INFORMATION
October 4, 2020
September 2020
CIVIL LIABILITY - POLICE CANINE
Agency Liability Issues - By Terry Fleck and Michael Kmiecik (USPCA)
CASES
- Impact of failure to properly train K9 unit, team or supervisors
In light of the recent media attention on cities such as Salt Lake City and Indianapolis, the issue of training is more important than ever. Canine units must be able to demonstrate that their canine/handler teams are well-trained and that the training is well-documented. Canine handlers must not only be able to defend themselves in a court of law, they must also be able to defend themselves in the court of public opinion. Contemporary and documented training is a way to win in both courts.
Article: Canton v. Harris – A Retrospective on Constitutionally Adequate Police Training
- Prolonged bite (duration) can be excessive force
Ninth Circuit ;“[W]e conclude that, viewing the evidence in the light most favorable to Hartsell, a reasonable factfinder could conclude that Stroll’s continued use of force became objectively unreasonable when Hartsell complied with instructions to show his hands, emerged from the brush with the canine attached to his arm, and was within the deputies’ control, if not sooner.”
...while the Ninth Circuit has also consistently held that using a police dog does not constitute excessive force, the court has also made it clear that under certain circumstances, an excessively long dog bite could constitute excessive force.
- Use of K9 reasonable force
...district court properly concluded that the use of force was "moderate" and not severe; the City had a strong interest in using the force; and the degree of force used was commensurate with the City's interest in the use of that force.
Prior to this decision, there had been a disturbing trend in the Ninth Circuit decisions evaluating K9 uses of force under a different and heightened standard. This decision stems from that tide and reinforces that K9 uses of force must be evaluated under the Graham factors. This case constitutes a significant victory for law enforcement statewide. It is important to note, however, that this ruling does not provide that all off-lead searches are constitutionally valid or that all bite and hold policies are valid. Rather, each K9 use of force must be evaluated under the facts and circumstances of the particular case (CPOA analysis)
- Failure to adopt effective K9 policy
Holding that the officers were entitled to qualified immunity because, even if their use of a police dog to effect the suspect's arrest constituted excessive force, the officers could not have known that the department's canine policy was unconstitutional
Scientific / Scholarly / Academic Articles
RESOURCES
MARSHAL PROJECT
Note:
Marshal Project articles are listed for information and as a resource
regarding current independent media and investigative trends.
Policing Solutions makes no claims to the veracity or accuracy of the information
contained in these articles but presents them for discussion.
About
"The Marshall Project is a nonpartisan, nonprofit news organization that seeks to create and sustain a sense of national urgency about the U.S. criminal justice system. We achieve this through award-winning journalism, partnerships with other news outlets and public forums. In all of our work we strive to educate and enlarge the audience of people who care about the state of criminal justice."
