Dogs

Summary: Scent lineups, designed to use a dog’s behavior to establish that two scents, one from a crime scene and one from a suspect, derive from the same person, have been conducted in radically different ways in the U.S. and Europe. In the U.S., scent lineups are often performed outdoors, in fields or parking lots, while in Europe they have for decades only been conducted indoors, often in canine forensic laboratories. In the U.S., lineups of individuals, as opposed to scents taken from individuals, have been part of standard practice in some jurisdictions until recently, but this has not been done in Europe for decades. Tracking of a suspect through a police station has been accepted as a formal identification procedure in the U.S., but not in Europe.

Summary: A scent lineup is generally a procedure whereby a dog's alerting behavior is used to establish that the dog detects two scents, one from a crime scene and one from a suspect, as deriving from the same person. The aim of this article is to compare methodologies of using dogs in scent lineups as a means of identifying perpetrators of crimes. It is hoped that this comparative approach, looking at countries where the method is currently or has in the past been used, will help determine what issues should be addressed in order to assure that the scent lineup will have a future as a forensic technique. Participants from eleven countries—Belgium, The Czech Republic, Finland, France, Germany, Hungary, Lithuania, The Netherlands, Poland, Russia, and the U.S.—completed a survey questionnaire regarding key aspects of the scent lineup procedures used by the police in their countries. Although there was broad overlap on certain matters, such as the use of control and zero trials, collection of decoy scents from individuals of similar gender and race as the suspect, materials for holding scent, frequency of cleaning and changing stations, and use and timing of rewards, there were significant differences in the degree of blindness required, who calls an alert (handler or experimenter), and whether handlers can work with more than one dog. The gap between recommendations and results available from the scientific literature and procedures used in police practice was greater for some countries than others, even taking into account that some scientific methodologies might be expensive or impractical given agency resources. The authors make recommendations about how to go forward if scent lineups are to remain a valid forensic technique.

Summary: In this New Hampshire case, Christina Fay appeals her convictions on seventeen counts of cruelty to animals. In 2017, a search warrant executed at her residence resulted in the seizure of over 70 Great Danes. Police learned of the conditions at defendant's residence from defendant's prior employees, who gave accounts of floors covered in layers of feces, dogs being fed maggot-infested raw chicken, and dogs present with injuries/illness. After conducting an investigation, the investigating Wolfeboro's police officer (Strauch) partnered with HSUS because the department did not have the resources to handle a large-scale animal law seizure. Strauch did not include in his affidavit supporting the search warrant's issuance that HSUS would be assisting the police, and the warrant itself did not explicitly state that HSUS was permitted to assist in its execution. On appeal, the defendant argues that the trial court erred in denying her motion to suppress by violating two of her constitutional rights: her right to be free from unreasonable searches and seizures and her right to privacy. As to the right to privacy argument, the court first noted that defendant grounded her argument in a recently enacted amendment to the state constitution. However, this new amendment, which states that an individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent, did not apply retroactively to defendant. As to defendant's second argument that she had a right to be free from unreasonable searches and seizures, the court noted that it has not previously considered the extent to which it is constitutionally reasonable for the police to involve civilians when executing search warrants. The defendant argues that Strauch's failure to obtain express authorization for HSUS's aid from the magistrate who issued the search warrant was constitutionally unreasonable. The court found no instance in which a court has held that the failure to obtain express judicial authorization for citizen aid prior to the execution of a warrant rendered the subsequent search unconstitutional. While other courts have opined that is might be a "better practice" to disclose this matter when applying to the magistrate for a search warrant, failure to do so does not itself violate the Fourth Amendment. The pertinent inquiry is whether the search was reasonable in its execution, and any citizen involvement would be held to that scrutiny. The court concluded that the state did not violate the constitution by failing to obtain authorization for HSUS's involvement prior to the warrant's execution. Affirmed.

Summary: This case from Indiana explores whether an animal shelter had a duty to inform a dog adopter of a dog's vicious propensities. Plaintiffs (the Browns) appeal the trial court's grant of summary judgment in favor of Southside Animal Shelter, Inc. (“Southside”). The case stems from the adoption of a dog from defendant animal shelter. In 2014, the dog was surrendered by its owner to a neighboring animal shelter because it did not get along with another dog. The dog was then adopted to another party where it attacked the family's two-year-old boy, causing significant injuries. The dog was then surrendered to the county animal shelter, who recorded the bite incident upon intake of the dog. After the mandated quarantine, the dog was eventually transferred to defendant animal shelter who was informed of the bite according to deposition testimony. However, during an 8-day aggression observation, the dog showed no signs of aggression. In late 2015, plaintiffs adopted the dog with a release that stated the history of the dog was unknown and the shelter was released from all liability resulting from illness or actions by the dog. Less than a month later, the dog attacked the Brown's six-year-old daughter causing injuries to her face. In the trial court action by the Browns against Southside, the court granted the defendant's motion of summary judgment based on the adoption release and dismissed the case. In this instant appeal before the Indiana Court of Appeals, the court focused on whether Southside owed a duty to the Browns to establish liability for the dog bite. The court found factual disputes remain as to whether Southside knew or should have known of the dog's past aggression and whether the knowledge from the volunteer who did intake for the dog imputed knowledge to the animal shelter. Additionally, the court indicated there was a question of fact whether Southside exercised reasonable care in evaluating the dog's behavioral history prior to adoption. Ultimately, the Court found that Southside had a duty to the Browns to inform them of the dog's past bite history, and factual issues relating to that duty preclude the granting of summary judgment. The case was reversed and remanded for further proceedings.

Summary: Defendant Juan Zamora was found guilty of failing to provide humane care and treatment for, and abusing, his 10 dogs in violation of the Humane Care for Animals Act. On appeal, defendant argues the evidence was insufficient to sustain his convictions because the it generally showed that he treated his dogs well and they had not sustained physical or psychological injuries. Additionally, he argues that section 3(a)(4) of the act, which criminalizes the failure to provide “humane care and treatment,” is unconstitutionally vague. The conviction stems from defendant's conduct with his 10 pit bull type dogs. When the investigating officer executed a search warrant on defendant's residence, they found the ten dogs heavily chained in the basement standing on newspaper completely saturated with feces and urine, along with breeding harnesses and training treadmills indicative of dog fighting. In challenging the sufficiency of the evidence, defendant suggests the evidence showed he was a "considerate dog owner with healthy dogs." However, the court was unconvinced, finding the slates of the metal and wooden makeshift cages were not appropriate for indoor or outdoor housing. Further, the accumulation of dog waste also supported the officer's testimony and the presence of dog fighting supplies supported a conclusion that "defendant's treatment of the dogs reflected something other than mere companionship." As to the vagueness challenge, the court found that defendant did not demonstrate that section 3(a)(4) fails to sufficiently enable a person of ordinary intelligence to understand what conduct the statute criminalizes or that it fails to provide police officers and the courts explicit standards. In fact, the court found that "defendant did not demonstrate compassion, sympathy or consideration for the dogs when he failed to provide an adequate habitat or ensure that bodily waste did not accumulate" and that this conduct fell squarely in the conduct addressed by the law. Thus, the court affirmed the lower court's judgment and rejected defendant's claims on appeal.

Summary: In this case, Plaintiff Gary Miller sued Nye County and one of its deputies under 42 U.S.C. § 1983 and various Nevada state laws for the fatal shooting of his dog, Blu. Blu was shot four times at the plaintiff's residence after officers responded when Mr. Miller accidentally set off a silent alarm at his own residence. The County and deputy moved to dismiss three of the plaintiff's claims and his request for punitive damages against the County. The court granted the motion to dismiss those claims because it found that the County is statutorily immune from Plaintiff's negligent-training claim and because he lacks the necessary relationship with Blu to establish a claim for negligent infliction of emotional distress. With regard to the punitive damages claim in a § 1983 action, the court granted the County's motion to dismiss that request for relief. Finally, the court granted the County's motion to dismiss Miller's § 1983 claim against it because the plaintiff failed to plead sufficient facts to state a plausible claim for relief under a theory of single-incident liability. However, the court granted leave to amend this claim if the plaintiff can plausibly allege that the County has engaged in a pattern of similar conduct, or that the scenario in this case is likely to recur and that an officer who is ill-equipped to handle the scenario will likely commit a constitutional violation.

Summary: This West Virginia law enacted in 2020 provides that a person who is legally hunting and reasonably believes he or she has mortally wounded a deer or bear may use leashed dogs to track and locate the mortally wounded deer or bear. The hunter is also permitted to use a dog handler of leashed dogs to track and locate the mortally wounded deer or bear. The hunter or the dog handler shall maintain physical control of the leashed dogs at all times.

Summary: This matter involves an appeal of an order for euthanasia of respondent's dog. The Justice Court of the Town of Ogden found respondent's dog to be dangerous under Agriculture and Markets Law § 123 and ordered the dog to be euthanized. On appeal, the Supreme Court, Appellate Division, Fourth Department agreed with respondent that the lower court misapprehended and misapplied the law. The court found the power to apply the most drastic measure (euthanasia) under Section 123 is reserved for aggravating circumstances, namely a serious disfigurement. The court noted that emotional trauma is not a factor in determining whether a victim has been disfigured. In addition, the language of the law is permissive, not mandatory; even with aggravating circumstances, a court may direct other measures to keep the dog contained. The court noted that the lower court repeatedly misstated the law, saying it only had two options, euthanasia or permanent confinement. As a result, this court modified the by vacating that part affirming the order of the Justice Court insofar as it directed that respondent's dog be euthanized, and remitting to the Justice Court for a determination whether petitioner established the existence of an aggravating circumstance and for the imposition of remedial measures as permitted by statute.

Summary: Plaintiff Cisneros purchased a Shih Tzu puppy named "Giant" from Petland Kennesaw, a Kennesaw, Georgia franchise of Petland, Inc. She received a certificate of "veterinary inspection" and a limited health guarantee at the time of purchase. Several days later, problems arose with the puppy and she brought the dog back to the Petland affiliated veterinarian who prescribed antibiotics without making a diagnosis. Shortly thereafter, an emergency pet visit revealed the dog suffered from parvovirus. Cisneros called Petland who told her to take the dog back to the Petland vet if she wanted a refund. She did so and the dog died several days later. Because the State of Georgia requires reporting of parvovirus, Cisneros received a report after the dog died, but she learned the dog's organs had been removed (an uncommon post mortem practice). As a result, plaintiff alleged that actions were the intended result of a nationwide conspiracy involving Petland and its affiliates to sell unhealthy puppies from "puppy mills" where health conditions are rubber stamped by a network of "preferred veterinarians" and buyers are deceived by sales documents that distract from the fraud. Plaintiff broadly asserted three claims: (1) a violation of the federal RICO statute, 18 U.S.C. § 1962(c); (2) a conspiracy to violate the federal RICO statute, 18 U.S.C. § 1962(d); and (3) with respect to a Georgia subclass of persons who purchased a cat or dog from a Petland franchise in Georgia from July 2013 to the present, a violation of Georgia's state RICO statute, O.C.G.A. § 16-14-4. The district court dismissed Cisneros's federal causes of action for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), and declined to exercise supplemental jurisdiction over her remaining state-law claim, pursuant to 28 U.S.C. § 1367(c). After applying the six-fold test for a private plaintiff suing under the civil provisions of RICO, this Court found chiefly that Cisneros has alleged no facts that plausibly support the inference that the defendants were collectively trying to make money in pet sales by fraud, which is a common purpose sufficient to find a RICO enterprise. Cisneros was required to allege not just that Petland Kennesaw had a fraudulent purpose, but that it was a common purpose, formed in collaboration with Petland, PAWSitive, and the preferred veterinarians. In the end, Cisneros has alleged only that Petland operates a franchise business like any other franchisor. Even assuming that Cisneros has adequately pled fraud on the part of Petland Kennesaw, she has not alleged that its predicate acts constituted a pattern of racketeering activity. The action was affirmed in part, and vacated and remanded in part.

Summary: This case involves an appeal of an animal cruelty conviction after defendant repeatedly stabbed a dog named Smokey, a three-year old pit bull. The incident in question occurred on a street outside of defendant's barber shop. Smokey was on-leash walking with his owner when an unleashed smaller dog ran at Smokey and began biting his ankles. Smokey responded playfully, not aggressively. The defendant responded to calls of assistance from the smaller dog's owner and helped separate the dogs. After this, the defendant returned briefly to his barbershop and came back with a knife that he used to repeatedly stab Smokey with while he restrained the dog with his other arm. The police eventually responded and defendant was taken to the hospital for a laceration on his hand where he yelled, "I'm glad I killed the [expletive] dog." Smokey survived the attack and defendant was charged and convicted. On appeal, defendant raised several arguments challenging the verdict. In particular, the defendant challenges the sufficiency of the evidence, arguing that he stabbed Smokey repeatedly to release the dog from biting his hand. The appellate court found that no defense witnesses testified that Smokey bit defendant and the no medical records corroborated defendant's version of events. Defendant also argued that the judged erred in denying his motion in limine regarding Smokey prior and subsequent "bad acts," which, defendant claimed, were relevant to the issue of Smokey as the initial aggressor. This court found that the proffered evidence of bad acts was inadmissible hearsay and the acts subsequent to Smokey's stabbing occurred too remotely to have any probative value. Finally, the court found no substantial risk of a miscarriage of justice where the judge failed to give a sua sponte necessity defense. The judgment was affirmed.