CJ 235 Unit 7 Seminar The Police Service Dog and Lethal Force © 2010 Jonathan Dorriety

Historical Look at Use of Force Early years of modernized police saw two basic use of force weapons: baton & firearms Early years of modernized police saw two basic use of force weapons: baton & firearms Firearms are deadly by design Firearms are deadly by design Batons became deadly by method of use Batons became deadly by method of use Dogs were used by the police in 1907 Dogs were used by the police in 1907 Their early use faded out Their early use faded out It reappeared in 1954 It reappeared in 1954

Historical Look at Use of Force For the most part firearms and batons were the tools of choice when force including deadly force was needed. For the most part firearms and batons were the tools of choice when force including deadly force was needed. Other impact weapons made their debut Other impact weapons made their debut

Historical Look at Use of Force For the most part firearms and batons were the tools of choice when force including deadly force was needed. For the most part firearms and batons were the tools of choice when force including deadly force was needed. Other impact weapons made their debut Other impact weapons made their debut PR-24 or Side-handle baton PR-24 or Side-handle baton ASP Batons ASP Batons Extendable Batons Extendable Batons

Historical Look at Use of Force Any baton or striking weapon can result in death if used on the right target areas Any baton or striking weapon can result in death if used on the right target areas Other technology brought about less-than- lethal tools such as OC Spray or Oleoresin Capsicum or Pepper Spray Other technology brought about less-than- lethal tools such as OC Spray or Oleoresin Capsicum or Pepper Spray Tasers and other electronic devices that target the neuromuscular systems and temporarily paralyze muscles Tasers and other electronic devices that target the neuromuscular systems and temporarily paralyze muscles

Interesting Note Baton have resulted in many deaths usually from blows to the head and the courts recognize batons as lethal weapons. Baton have resulted in many deaths usually from blows to the head and the courts recognize batons as lethal weapons. OC spray has been associated with several deaths, yet no court has ruled it as a lethal weapon. OC spray has been associated with several deaths, yet no court has ruled it as a lethal weapon. Tasers have been associated with several deaths, yet no court has ruled it as a lethal weapon. Tasers have been associated with several deaths, yet no court has ruled it as a lethal weapon.

Interesting Note There have been less than five deaths associated with police dogs, that I have been able to find research on. There have been less than five deaths associated with police dogs, that I have been able to find research on. The most visible one we are discussing is the case Robinette v. Barnes The most visible one we are discussing is the case Robinette v. Barnes Burglary of car dealership Burglary of car dealership Police issued warnings Police issued warnings Dog bit subject in the neck who was hiding under a car – subject bled out. Dog bit subject in the neck who was hiding under a car – subject bled out.

Question Does a singe death through the utilization of a thing such as a dog place the dog in the deadly force category? Does a singe death through the utilization of a thing such as a dog place the dog in the deadly force category? Why or Why Not? Why or Why Not? © 2000 Photo courtesy of Jonathan Dorriety

Possible Answers We know, under the right conditions, a dog can kill a person. We know, under the right conditions, a dog can kill a person.

Possible Answers We know, under the right conditions, a dog can kill a person. We know, under the right conditions, a dog can kill a person. What must be examined is the propensity or the natural inclination that death would occur using a police dog? What are the chances? What must be examined is the propensity or the natural inclination that death would occur using a police dog? What are the chances?

Possible Answers We know, under the right conditions, a dog can kill a person. We know, under the right conditions, a dog can kill a person. What must be examined is the propensity or the natural inclination that death would occur using a police dog? What are the chances? What must be examined is the propensity or the natural inclination that death would occur using a police dog? What are the chances? The chances are extremely low and that is why Robinette v Barnes stated that police dogs did not constitute deadly force. The chances are extremely low and that is why Robinette v Barnes stated that police dogs did not constitute deadly force.

Injury Potential The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) give us a good idea of the injury potential from police dog bites. The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) give us a good idea of the injury potential from police dog bites. © 1999 Photo courtesy of Jonathan Dorriety

Injury Potential The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) give us a good idea of the injury potential from police dog bites. The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) give us a good idea of the injury potential from police dog bites. “There is no evidence in the literature that police canine bites become infected more frequently than non-police canine bites” (p. 7). “There is no evidence in the literature that police canine bites become infected more frequently than non-police canine bites” (p. 7).

Injury Potential The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) gives us a good idea of the injury potential from police dog bites. The article in Police Dog Tactics by Dr. Charles Rennie (Pages 7-8) gives us a good idea of the injury potential from police dog bites. “There is no evidence in the literature that police canine bites become infected more frequently than non-police canine bites” (p. 7). “There is no evidence in the literature that police canine bites become infected more frequently than non-police canine bites” (p. 7). Why might the infection rate be less? Why might the infection rate be less?

Injury Potential Police canines most likely receive better health care, more frequent check ups and annual vaccinations than the vast majority of people’s pets. Police canines most likely receive better health care, more frequent check ups and annual vaccinations than the vast majority of people’s pets.

Injury Potential Police canines most likely receive better health care, more frequent check ups and annual vaccinations than the vast majority of people’s pets. Police canines most likely receive better health care, more frequent check ups and annual vaccinations than the vast majority of people’s pets. Victims of police dog bites receive immediate medical attention (usually just before going to jail). Victims of police dog bites receive immediate medical attention (usually just before going to jail).

Summary Propensity of death resulting from a police dog bite are extremely remote. Propensity of death resulting from a police dog bite are extremely remote. Medical care provided by police with advanced antibiotics make chances of infection after the bite remote as well. Medical care provided by police with advanced antibiotics make chances of infection after the bite remote as well. U.S. Supreme Court has ruled police dogs do not constitute deadly force. U.S. Supreme Court has ruled police dogs do not constitute deadly force.

Questions or Additional Discussion?