police mall chase: K-9 bites trooper

[sk8r101all]

here's the story
http://readingeagle.com/article.aspx?id=241762
A trooper was bit, and suspect charged for it.

If I was at the mall around a corner or in a store, come out to find this happening and the dog attacks me (innocent bystander), I draw my gun and shoot the dog, would I be charged?

[GregorOneEye]

You'd be shot a bunch, by the police officers. Is this a joke question?

[sk8r101all]

No, not a joke. I'm attacked by a dog and fear for my life!

I guess you're ok going through life missing a limb.
http://www.animallaw.info/statutes/stuspa3ps459_502.htm

[Pagoda240]

If your in the area of an active police scene. Even I was being bitten by a dog, i doubt i would present my firearm . Your asking to be shot and bitten.

[Exbiker]

If your in the area of an active police scene. Even I was being bitten by a dog, i doubt i would present my firearm . Your asking to be shot and bitten.

Good answer. The dog bite would be the least of his worries. The lead poison would be more serious.

I do question deploying the dog in a crowded mall.

[Deanimator]

In Ohio, you'd be perfectly legal to shoot the dog. Unless you're actively involved in some sort of criminal behavior, including resisting arrest, there's no exception for police dogs which make unprovoked attacks.

If the cops instead of protecting you from THEIR dog, shoot you, they're committing a crime, since you may not use deadly force to protect property, and the dog is property. Both allowing the dog to bite you, and shooting you for defending yourself because of their negligence are crimes.

The police have a duty to protect you from their own negligence in handling their animals. You have no legal duty to be bitten.

The cop who watches you get bitten, then shoots you because of his own negligence or malice should be prepared to do some hard time. He'd better pray there are neither witnesses nor cameras.

But that's Ohio. We actually send cops to prison for shooting people without good reason. Can't say what would happen in PA.

And if I did get bitten, whether the dog or me got shot, I'd tank the city's insurance, the cops' personal finances, and make sure that Rin Tin Tin got a lethal injection as a danger to the community.

[Robert Kayland]

K-9 bites brother officer?

Someone forgot to tell Rover about the thin blue line.

[Brillfan]

K-9 bites brother officer?

Someone forgot to tell Rover about the thin blue line.

"Tastes like chicken"...Rover

[acosenza2]

Interesting question. According to the law you have the right to protect yourself from a "dangerous dog" but the law seems to be silent about what would happen if that animal is a police dog and you are attacked by mistake. I think you have to protect yourself but it doesn't mean that the officer that handles the dog will not shoot you for shooting a "fellow officer". If it were any other dog there would be no question in the minds of the police but if it is one of their dogs I think they would see the dog as doing its' job and you interfering.

Any police officers on the forum care to weigh in?

[Kratos]

If I was at the mall around a corner or in a store, come out to find this happening and the dog attacks me (innocent bystander), I draw my gun and shoot the dog, would I be charged?

Most likely, the closest LEO would give you a high five and ask how long have you been in SWAT.