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A Deputy officer enter into my locked property at midnight just because a Dog was hitten by a Car . Is this Police misconduct ?

Hesperia, CA |

The officer argument for crossing my locked gate is that someone's dog was hitten by a car and a person said that that Dog could be mine but it is not . Is this good justification to interrupt my sleep and scare my whole family ?

Attorney Answers 3

  1. But was it reasonable for him the beleve that dig was yours? If you did own a dog that had been hit by a car woukd you have wanted him to take the steps he took?
    Given the circumstances what else should he have done? I jst dont see much here that would be misconduct...

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

  2. Police Misconduct? Not in my view.

    Whether it was good judgment depends on the officers purpose, and the facts surrounding the incident. Your post has a couple typos and its unclear if a dog was 'hidden' or 'bitten' or 'hit' by a car of if a person was bitten by the dog, so the facts are unclear.

    At first blush, it sounds like this officer had to make one of the many decisions that must be made daily--whether to act in the public's interests or not act--and this offer chose action.

    More facts would need to be determined to post-action quarterback whether the decsion was proper--in any case you do not appear to have suffered any damages and nothing in your post rises to the level of 'Police Misconduct'.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  3. I agree with my colleagues - no, it is not. If this had been your dog, wouldn't you want to know?

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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