Cops can't just shoot your unlicensed dogs, appeals court rules
The police cannot simply kill your dog because you have failed to license it with the city, the Sixth Circuit Court of Appeals ruled Monday, reversing a lower court decision.
The case in question involved a police raid on the Detroit home of Nikita Smith in response to a report that marijuana was sold there. While executing the search warrant, officers fatally shot Smith's three dogs, one of which was pregnant. An officer allegedly commented after shooting a dog, "Did you see that? I got that one good." The raid turned up 25.8 grams of marijuana, and Smith was given a misdemeanor charge that was later dismissed.
She sued over the death of her dogs, and a district court ruled the suit could not go forward because Smith did not have "legitimate possessory interest" in the dogs "because they were unlicensed." The appeals court disagreed, holding that just "as the police cannot destroy every unlicensed car or gun on the spot, they cannot kill every unlicensed dog on the spot." Smith's suit can now proceed.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
"The opinion establishes that pet owners' Fourth Amendment rights do not depend on a license," said Smith's lawyer, Chris Olson. "More importantly, the opinion foreclosed a post hoc 'get out of jail free card' for police officers that unreasonably shoot dogs every day in this country."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
Is pop music now too reliant on gossip?
Talking Point Taylor Swift's new album has prompted a flurry of speculation over who she is referring to in her songs
By Richard Windsor, The Week UK Published
-
Nuclear near-misses
The Explainer From technical glitches to fateful split-second decisions, the world has come to the brink of nuclear war more times than you might think
By Rebecca Messina, The Week UK Published
-
What is cloud seeding and did it cause Dubai's severe rainfall?
The Explainer The future is flooded
By Devika Rao, The Week US Published
-
Trump criminal trial starts with rulings, reminder
Speed Read The first day of his historic trial over hush money payments was mostly focused on jury selection
By Rafi Schwartz, The Week US Published
-
Parents of school shooter sentenced to 10-15 years
Speed Read Jennifer and James Crumbley are the first parents to be convicted in a US mass shooting
By Peter Weber, The Week US Published
-
Unlicensed dealers and black market guns
Speed Read 68,000 illegally trafficked guns were sold in a five year period, said ATF
By Peter Weber, The Week US Published
-
Bankman-Fried gets 25 years for fraud
Speed Read Former "crypto king" Sam Bankman-Fried will report to federal prison
By Peter Weber, The Week US Published
-
Feds raid Diddy homes in alleged sex trafficking case
Speed Read Homeland Security raided the properties of hip hop mogul Sean "Diddy" Combs
By Peter Weber, The Week US Published
-
'Goon Squad' cops sentenced for torturing 2 Black men
Speed Read The former Mississippi law enforcement officers pleaded guilty last year
By Peter Weber, The Week US Published
-
Michigan shooter's dad guilty of manslaughter
speed read James Crumbley failed to prevent his son from killing four students at Oxford High School in 2021
By Peter Weber, The Week US Published
-
Shooting at Chiefs victory rally kills 1, injures 21
Speed Read Gunfire broke out at the Kansas City Chiefs' Super Bowl victory parade in Missouri
By Peter Weber, The Week US Published