What constitutes a good K9 bite (search deployment)
Proportional, limited in duration, employs de-escalation
California AB 742 - while no longer pending in
California Legislature
This Bill represents efforts to limit - restrict use of K9 in policing
Circleville Ohio Police Department; K-9
bite of suspect during Ohio State Police
traffic stop.
(July 4, 2023)
Prescott Valley
Police Defend
Controversial K9 Bite
Washington Post
Investigative Report Video
(November 29, 2020)
POLICE REFORM
Legal analysis of bite duration
How the assessment of K9 bite duration has changed and how to keep your handlers safe from liability.
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.
CNN Fierce K-9 bites are another use of excessive force by police
Updated 1010 GMT (1810 HKT) May 28, 2021
New J ersey 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
HITS K9 (Podcasts and Seminars) by Jeff Meyer
K9Tactical K9 Liability Seminar and articles (Bill Lewis)
Video of bite of 14 year old in Utah (and the fall out involved)
October 4, 2020
Marshal Project Report on excessive use of K9
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
Hartsell v. County of San Diego,
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
Chew v. Gates, 27 F.3d Cir. (Cal.) June 27, 1994)
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
Barks or Bites? The Impact of Training
on Police Canine Force Outcomes
Police and domestic dog bite injuries:
Occupational fatalities due to animal-related events
Epidemiology of Animal Exposures Presenting to Emergency Departments
RESOURCES
United States Police Canine Association
PERF Report - Guiding Principles on Use of Force 2016
DOJ Best Practices Guide, Lessons from the Field
IACP Best Practices Guide (political), Smaller Agency, Tech Assistance
DOJ Pattern and Practice Police Reform Work: 1994-Present
Canine Bites and the Necessity of Policy, ICJE 2001
Los Angeles Police Canine Association
Police Executive Research Forum
International Association of Chiefs of P olice
Police Assessment Resource Center
TACTICAL DIRECTIVES
ARTICLES
Best Practices in Police Canine - Lessons Learned
Coming -- Changes to the Graham Standard
Police Service Dogs in the Use-of-Force Continuum
Catch 22 Use of Canine in Apprehension
Excessive Force, Police Dogs, and the Fourth Amendment in the Ninth Circuit:
The Use of Summary Judgement in Lowry v. City of San Diego
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."
https://www.themarshallproject.org/2020/10/02/when-police-violence-is-a-dog-bite
https://www.themarshallproject.org/2020/10/29/police-wanted-a-dog-that-would-bite-a-black-person
https://www.themarshallproject.org/2020/10/15/mauled-when-police-dogs-are-weapons
https://www.sltrib.com/news/2020/08/11/salt-lake-city-police-dog/
