· 3/12/2013
Carroll v. County of Monroe
Citations
- 712 F.3d 649
- 2013 WL 908470
- 2013 U.S. App. LEXIS 4940
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the unreasonable killing of a companion animal constitutes an unconstitutional seizure of personal property under the Fourth Amendment
- finding lethal force could be reasonable where the dog was growling, barking, and quickly approaching the police officer
- finding lethal force could be reasonable where dog was growling, barking, and quickly approaching police officer
- highlighting the totality of the circumstances analysis as to whether the dog was dangerously aggressive and whether there were viable non-lethal alternatives
- “[T]he unreasonable killing of a com- panion animal constitutes an unconstitutional ‘seizure’ of personal property under the Fourth Amendment.”
- “[I]n some circumstances[] it is reasonable for an officer to shoot a dog that he believes poses a threat to his safety or the safety of the community.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Katzmann, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.