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Old 6 April 2015, 09:32
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Lightbulb K9 "officers" considered Sworn and penalties for harming

Initiating LEO misconduct Part Deux. From the old thread:

Quote:
Originally Posted by Dziadek;
I would be extremely interested in knowing where this is true, if anywhere. I hear it repeated often across the interwebs, but I have never seen it. In most jurisdictions that don't treat police service dogs as mere property, they have been given the same protections offered to other service dogs, such as those for the blind etc.

I maintain that we have a serious problem, well beyond police misconduct in scope, if there is anywhere that animals are tantamount to humans under law.
Using this fantastic device called Google I found:

Anyone who kills a federal law enforcement animal will face fines and up to 10 years in prison, but there is no sentence enhancement if the animal has taken an oath. Similar statutes exist to protect police animals from malicious injury in every state but South Dakota—but these, like the federal law, apply to every LE canine.

Sources:

http://www.k9fleck.org

18 USC 1368 - Harming animals used in law enforcement

http://law.onecle.com/uscode/18/1368.html

In Maryland, an assault on a police dog carries the same penalties, and is prosecuted in much the same manner, as injury or assault on a police officer. This is because the police dog in Maryland is considered to be a police officer.

http://www.wicomicosheriff.com/canine.htm

Anderson, Indiana Police Chief Larry Crenshaw. “We want awareness that police dogs are police officers.”

http://fox59.com/2013/02/05/anderson...es-sentencing/

Pittsburgh, PA - Man Who Fatally Stabbed Police K-9 Gets Up To 44 Years In Prison

http://www.10tv.com/content/stories/...-stabbing.html

Under Texas law, they would be charged with Killing a Police Service Animal, which is a Felony in the Third Degree.

Source: http://codes.lp.findlaw.com/txstatutes/PE/8/38/38.151

In Florida, someone would face felony charges:

Source: http://law.onecle.com/florida/crimes/843.19.html

Man who killed Portland K-9 gets 30 years

http://www.kgw.com/story/news/crime/...nced/20308035/

In 2007, Clinton Hernandez led police on a 15 minute chase before exiting his vehicle. He then tried to escape on foot and was knocked down by the K9, a Belgian Malinois named Bo. During the time when Officer Bo was trying to subdue Hernandez, he shot and killed him (Bo). Hernandez was found guilty of the shooting death of Officer Bo and sentenced to 20 years (the sentence was for a variety of crimes, not just the killing of Bo).

Source: http://www.wthr.com/story/7199286/ma...ing-police-dog

http://www.lehighvalleylive.com/alle..._with_fig.html

Proposed law would define killing a police dog as murder

http://www.timesfreepress.com/news/l...illing/285838/

Kid Shoots Retired Police Dog, Gets 23 Years in Prison. Cops Shoot your Dog and get Paid Vacation

http://theantimedia.org/kid-shoots-r...paid-vacation/
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Old 6 April 2015, 11:12
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Quote:
Originally Posted by SATCOM View Post
Initiating LEO misconduct Part Deux. From the old thread:

Using this fantastic device called Google I found:

Anyone who kills a federal law enforcement animal will face fines and up to 10 years in prison, but there is no sentence enhancement if the animal has taken an oath. Similar statutes exist to protect police animals from malicious injury in every state but South Dakota—but these, like the federal law, apply to every LE canine.
You mean like this.....
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Old 6 April 2015, 12:03
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You mean like this.....
Someone please tell me this is not a real thing. A dog takes an oath. A dog takes a fucking oath. I have no words.
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Old 6 April 2015, 12:13
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I suppose after the person administering the oath said "so help you god" that the dog emitted a low, menacing growl.
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Old 6 April 2015, 13:03
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Quote:
Originally Posted by Spinner View Post
I suppose after the person administering the oath said "so help you god" that the dog emitted a low, menacing growl.
Should be "so help you, dog".
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Old 6 April 2015, 13:19
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Moved from the lounge to law enforcement forum.

Renamed as this thread has nothing to do with law enforcement misconduct.
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Old 6 April 2015, 13:55
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Quote:
Originally Posted by Mac View Post
Someone please tell me this is not a real thing. A dog takes an oath. A dog takes a fucking oath. I have no words.
Neither does the dog.
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Old 6 April 2015, 14:40
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Neither does the dog.
I see what you did there.
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Old 6 April 2015, 15:08
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Some of you guys are humor deficient.
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Old 6 April 2015, 17:30
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Some of you guys are humor deficient.
No shit right? That pic is hilarious!
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Old 6 April 2015, 19:01
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Dogs wearing a badge or carrying a military rank deserve
certain privileges but they are not equal to humans.

In Vietnam, our PFC clerk was a little jealous of 'Lobo' who was a Corporal.

Beloved Lobo, who wouldn't let half of us get to the pisser at night, had been fired as a trip-wire finder, as he crawled under one too many.
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Old 6 April 2015, 19:32
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Quote:
Originally Posted by Front_Sight_Bang View Post
No shit right? That pic is hilarious!
I can't believe people are entertaining the possibility that a dog being sworn in is anything more than a joke.
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Old 6 April 2015, 19:40
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Quote:
Originally Posted by Massgrunt View Post
I can't believe people are entertaining the possibility that a dog being sworn in is anything more than a joke.
The ceremony is a joke, yes, but I think there is merit to the fact that killing a police dog can get someone in as much trouble as killing a police human, esp when there are so many instances of police humans killing non-police dogs.
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Old 6 April 2015, 19:41
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Quote:
Originally Posted by KidA
The ceremony is a joke, yes, but I think there is merit to the fact that killing a police dog can get someone in as much trouble as killing a police human, esp when there are so many instances of police humans killing non-police dogs.
+Pi....
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Old 6 April 2015, 20:51
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I guess I look at it a little bit differently.

In my mind, these dogs do not just belong to the police. They belong to us, the People, because they are purchased and taken care of by our tax dollars (federal, state, or local). When somebody kills the dog, they do not just take away for a police department, the whole community loses an asset. To me, this justifies a heavier sentence. For the record, I do not make any excuses for LEOs killing animals that belong to civilians.

If I am not mistaken, the penalty for damaging federal/state property are also higher than any private property? Not sure if this is a good parallel to make.
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Old 6 April 2015, 20:54
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Originally Posted by GirlwithaGlock View Post
I guess I look at it a little bit differently.

In my mind, these dogs do not just belong to the police. They belong to us, the People, because they are purchased and taken care of by our tax dollars (federal, state, or local). When somebody kills the dog, they do not just take away for a police department, the whole community loses an asset. To me, this justifies a heavier sentence. For the record, I do not make any excuses for LEOs killing animals that belong to civilians.

If I am not mistaken, the penalty for damaging federal/state property are also higher than any private property? Not sure if this is a good parallel to make.
Very interesting perspective.
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Old 6 April 2015, 21:02
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I think this is another thing that Middle America thought sounded well and good as long as it only affected people on the other side of the tracks...
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Old 8 April 2015, 14:51
Dziadek Dziadek is offline
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Quote:
Originally Posted by SATCOM View Post
Using this fantastic device called Google I found:

Anyone who kills a federal law enforcement animal will face fines and up to 10 years in prison, but there is no sentence enhancement if the animal has taken an oath. Similar statutes exist to protect police animals from malicious injury in every state but South Dakota—but these, like the federal law, apply to every LE canine.
The Federal Law you cite has a fine of UP TO $1000 and UP TO ten years. That is not the same as killing a police officer, or any human.

Quote:
In Maryland, an assault on a police dog carries the same penalties, and is prosecuted in much the same manner, as injury or assault on a police officer. This is because the police dog in Maryland is considered to be a police officer.
With all due respect to the sheriff's k9 unit website, they are full of shite. The Maryland law is

Annotated Code of Maryland
Md. CRIMINAL LAW Code Ann. § 10-606 (2014)

§ 10-606. Aggravated cruelty to animals -- In general

(a) Prohibited. -- A person may not:

(1) intentionally mutilate, torture, cruelly beat, or cruelly kill an animal;

(2) cause, procure, or authorize an act prohibited under item (1) of this subsection; or

(3) except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit.

(b) Penalty. --

(1) A person who violates this section is guilty of the felony of aggravated cruelty to animals and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 5,000 or both.


Again, this is not what you'd get by killing a police officer or human.

Your cite from Anderson, Indiana Police Chief doesn't mention what the criminal code is, just what the Chief of Police belched up that day. Police Chiefs are not the most reliable source for laws, unfortunately. In fact, they are usually terrible. They are usually cops pretending to be politicians, or politicians pretending to be cops.

Your cite from Pittsburgh, PA - Man Who Fatally Stabbed Police K-9 Gets Up To 44 Years In Prison is a case study in a point I have made before. The headline is not the meat of the story. The headline is often written by someone who is not even the author. It is designed to get you to read on. If you read that story further you see that the PA man was convicted of "torturing a police animal, aggravated assault on the dog's handler and three other officers, and other offenses" including failure to register as a sex offender and probation violation.

Quote:
Under Texas law, they would be charged with Killing a Police Service Animal, which is a Felony in the Third Degree.
You make my point for me.

Quote:
In Florida, someone would face felony charges
Felony doesn't mean felony murder. There are many felonies including causing more than 1000 worth of damage to a police car intentionally. That doesn't mean that damaging a police car is the same as killing a police officer.

Quote:
Man who killed Portland K-9 gets 30 years
See my point about headlines above. Suspect Ropp got 30 years for attempted murder of the cop and killing the dog and attempted robbery and assault.

I will go through the rest of your cites when I have time. They are time consuming. I will discount any of them which said "proposed law" because I think they have a snowballs chance of getting made and staying made.
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Last edited by Dziadek; 8 April 2015 at 15:05. Reason: clarity, tone
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Old 8 April 2015, 15:07
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I don't think there is any law that equates the police dog to being a police officer. The dog is just a tool, no matter how much we all love dogs.

That said, there are laws on the books scattered all over the sates at different levels that differentiate the killing of an animal - generally a misdemeanor charge like "animal mistreatment" And killing a police dog that is doing is job.

To me, it makes sense. Some guys does something that causes the police have to come and get him - doesn't matter what. If he stopped and and said, "fuck you guys, talk to my lawyer." he'd get handcuffed and taken to jail. Instead, he runs away and kills a police dog during that process. So yeah, he's going to catch some extra charges. But he won't get charged with the same thing as if he had killed a human.

For example, the headline for the case in the link from Portland, Or is misleading. As SATCOM pointed out, the guy got 30 years... But not for killing the police dog. Although you'd think so if you just read the headline. That was just one of the charges. He also committed a string of burglaries, got chased all over town, crashed his car, ran on foot... oh, and HE SHOT A POLICE OFFICER WITH A RIFLE AT THE SAME TIME HE SHOT THE DOG. Luckily, the police officer didn't die, but attempted aggravated murder of a police officer kind of sealed the deal on him getting 30 years.
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Old 8 April 2015, 15:19
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Originally Posted by GackMan View Post
The dog is just a tool, no matter how much we all love dogs.
This is the heart of the matter. We do not define humanity by how much we love something or someone.

The gutter bum and the toothless crack whore are humans, as are the thief and the robber. Though they choose to debase themselves by their conduct, they are just as human as my sons or daughters. Even if I have no personal love for them, the law cannot afford to be written which treats them differently.

I love my dog and she sometimes gets to sleep in my bed. Nonetheless, I cannot lose sight of the fact that I allow myself to be deceived into thinking she is somehow more than a cow or a pig. She isn't. Push comes to shove, and she is food for me and my family.

Even if I forget that fact, the law cannot. Unlike a human, an animal has worth which is chiefly governed by its utility and OUR humanity, but not by its own humanity. It is a distinction with a profound difference.
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Last edited by Dziadek; 8 April 2015 at 15:21. Reason: grammar
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