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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 ?

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Attorney answers 3

Posted

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...

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Asker

Posted

Hello Mr Kelvin P. Green The officer reason for knocking my door was that a car hit a dog. The car was damage and the driver pointed at me as the posible responsable person just because I have my two dogs in the front yard. The dog dercripcion the officer said is totalty differente that my dogs. This case is not in terms of protecting any animal it was more in terms of finding someone to pay for the car damage. Not even a injured or dead dog was found with that description. Thank you for your time

Posted

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'.

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Asker

Posted

Hello Mr Rixon Charles Rafter III The officer reason for knocking my door was that a car hit a dog. The car was damage and the driver pointed at me as the posible responsable person just because I have my two dogs in the front yard. The dog dercripcion the officer said is totalty differente that my dogs. This case is not in terms of protecting any animal it was more in terms of finding someone to pay for the car damage. Not even a injured or dead dog was found with that description. Thank you for your time

Posted

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.

Asker

Posted

Hi Mrs Laura Mcfarland-Taylor The officer reason for knocking my door was that a car hit a dog. The car was damage and the driver pointed at me as the posible responsable person just because I have my two dogs in the front yard. The dog dercripcion the officer said is totalty differente that my dogs. This case is not in terms of protecting any animal it was more in terms of finding someone to pay for the car damage. Not even a injured or dead dog was found with that description. Thank you for your time

Laura Mcfarland-Taylor

Laura Mcfarland-Taylor

Posted

You're missing the point. How would the officer know it wasn't your dog without seeing your dogs? How would the officer know that you only had the two dogs in your front yard without speaking to you? Maybe it was your dog that was hit and you had taken it inside after being hit. Again, the officer would have no way of knowing any of this without speaking to you. There is no "misconduct" when a police officer is simply doing his or her job and that includes waking people up at inopportune times to investigate accidents.