Further Info on Police Dogs, Police Dog Training, and Legal Issues

Effects of Genetic Selection and Experience on Police Dog Behaviour (in .pdf format) - A well-documented study which, among other things, concludes that many dogs used by North American police forces have dangerously aggressive genes. "Police agencies should be aware that malinois have recent pit bull ancestry, in varying percentages depending upon the lines. Some German shepherds abroad have recently been bred with pit pulls and sold for police service in the U.S. under different breed names." The report continues, detailing the dangers associated with such genetic background: "...If trained to find and bark, the high-energy, high-aggression type dog apprehending a suspect will be alert to every opportunity to go from barking to biting. These dogs often nudge or nip suspects to induce a response, circle the suspect to induce movement, or react to the stare challenge, which dogs innately regard as an invitation to attack...." A very revealing report that deserves to be read.

K9 Legal Updates - a site conceived by a police K9 handler in response to the growing number of lawsuits being launched against police departments as a result of police dog abuse incidents. Note, in particular, this document: Canine Liability Settlement Agreement, which seeks to provide police personnel with legal advice and tools which may help them settle with victims prior to costly and embarrassing court cases. A couple of typical cases are cited (dog decides, without warning, to bite the heads of two innocent female civilians; dog looking for burglar bites innocent man sleeping with TV on - see the link for details). The report concludes with the following notice in bold print: "It is clearly established that it is unreasonable for a police officer to fail to give a verbal warning before releasing a police dog to seize someone." The implication appears to be that a victim should be persuaded to sign a settlement before finding this out, because otherwise, police forces may be in for serious liability.

"Steps in Police Dog Training". Excerpt:

At the end of Level I each handler and dog will be able to: (A) Given a practical situation with the dog on line: (1) The dog will take a "jute" arm. (2) The dog to be taken off the arm on command "out". (3) The dog to be tethered three meters away from quarry (4) Handler searches suspect. (5) Handler takes proper route from dog to suspect and return to dog. (6) Handler and dog escort suspect away.

At the end of Level II each handler and dog will be able to: (B) Give a practical situation the dog will: (1) Chase a fleeing suspect wearing a jute arm. (2) The dog will take the "jute" arm. (3) The dog will release arm on command "out". (4) The dog will "stay" three meters away from the quarry. (5) The handler searches suspect. (6) Handler takes proper route from dog to suspect and returns to the dog. (7) Handler and dog escort suspect away.

At the end of Level III each handler and dog will be able to: (C) Given a practical situation the dog will: (1) Chase a fleeing suspect wearing a concealed guard arm (normal appearance) at least 15 meters.(2) The dog to take the suspect by the arm.(3) The dog to hold the suspect for at least one (1) minute with the suspect lifting the dog off the ground to confirm bite with handler out of sight. (4) The dog will release his grip on the command "out" and return to the "heel" position with handler three meters from dog and suspect. (5) The dog will "stay" three (3) meters from the suspect. (6) The handler will search the suspect taking the proper route from dog to suspect and return. (7) The handler escorts the suspect away approximately two meters behind the suspect. (8) Call back - where suspect flees and suddenly gives up, the dog should not make the bite. There should be no contact between quarry and dog. (9) The dog will attack a suspect wearing a hidden sleave. The suspect will fire 2 shots as the dog approaches and 2 shots once the dog is in contact. The dog will continue the attack and maintain a firm grip on the suspect.

See: "PROTECTIVE ARMS" for pictures of the various gear mentioned in the above article.

Attack and Bite dogs - page from a company which trains dogs for "good biting to super biting" in order to sell them to police forces.

"Vested Interest" - photos from a company which manufactures bullet-proof vests for dogs.

Dog Sport Magazine - 'sport' here basically means training dogs to attack people. A popular publication among K9 agency personnel....

Police Dog Home Page - a large website mounted by a consulting agency operated by police K9 handlers. Most facets of police dog work are touched upon, particularly those related to legal issues. The services offered revolve mainly around police agency and police officer liability issues. The 'case law' section is of particular interest....

Retired K-9 Handler Van Bogardus: the use of police dogs constitutes deadly force (Dog Sports Magazine) - Bogardus questions the "find and bite" policies employed by some agencies, and insists that the deployment of police dogs must be considered within the 'deadly force' category. The 'rebuttal' article (link found at the bottom of the first article), although relying to a large extent on character sniping and petty arguments, is nevertheless worth reading as well. These articles are also important because they offer a bit of info on some of the documented cases of police dog related deaths (e.g. Tafoya (Tafolla?) in California, McCloud in Florida, Gorman (O'Gorman?) in California, etc.)

Peace Officer's Use of Force (Police Training Institute) - regarding 'deadly force', legal precedent in the U.S. is: Robinette v. Barnes, 854 F.2d 909 (6th Cir. 1988) (rejecting consideration that a properly trained and handled police dog constitutes deadly force)

ROBINETTE V. BARNES "A man suspected of being in the course of a commercial burglary, hiding inside a darkened building [under a car], was apprehended by a police dog who bit him on the neck. The suspect died shortly thereafter. For the reasons which follow, we agree with the district court that the use of a properly trained police dog to seize a felony suspect does not constitute deadly force. We also hold that even if the use of a police dog could constitute deadly force, the circumstances of the suspect's apprehension justified the use of such force in this case...." - This 1988 case is the legal linchpin of 'offensive' K9 work in the U.S.: a terrifying precedent.

Police Service Dogs Are Not Deadly Force - written by a police K9 handler who operates a 'K-9 SWAT school'. A number of cases which back up the Robinette v. Barnes case are cited. Written prior to the Stephanie Mohr case.

Richard H. Polsky, Ph.D. - President, Animal Behavior Counseling Services, Inc. - does expert witness testimony

United States Police Canine Association - K9 unit support organization which has among its goals the esablishment and maintainance of "a legal assistance fund for acts resulting in civil suits from the use of police trained canines". See especially: The police dog as an instrumentality of force - an overview of legal precedent governing the use of police dogs. Important cases are noted and summarized (with unpleasant details generally left out), and there is a discussion of the "force continuum" perspective; and Successful Risk Management for Police Canine Programs - which is written, once again, with a heavy pro-K9 bias, but has a lot of useful information nevertheless. Take note of the police settlement policy, which essentially advises rapid payoffs to avoid publicity and large awards to plaintiffs:

"...wise administrators act quickly to resolve the damages and preserve public relations. One effective technique used by several agencies is an instant settlement. The effectiveness of a settlement agreement and liability release depends on three elements. First, a supervisor must have immediate access to funds up to a predetermined amount for a cash settlement, and an ability to charge emergency medical bills. Second, the agency's legal advisor must have a written settlement agreement prepared in fill-in-the-blank format. Third, the agency must settle with the bite victim before the victim catches the hungry lawyer advertisements on the late show. This type of quick settlement may significantly reduce the cost of an accidental bite and save administrators and political officials from public relations head aches...."

"Training Center for Army Dogs". Note the simple, ego-inflating psychology that produces an effective attack dog: "As soon as the dog makes an aggressive move, the agitator retreats and the dog is encouraged to chase him. After each successful attempt, the dog receives lavish praise from the handler. The psychology of always letting the dog "win" over the agitator and playing on his natural desire to please his master soon makes the lesson stick......"

Police Dog Standards - explores the transformation of traditional Schutzhund training that police work has encouraged, and concludes that current practice "creates a dog that is prone to doing more damage to suspects than is necessary."

Working Dogs - K9 industry journal.

Coplink: K9 Links - many of the training links are now dead, but most can nevertheless be accessed at Canine Training Articles

Open Area Off Leash Search - This is where a dog is let off the leash in order to 'find and bark' at a suspect. Nevertheless, the author, a Metropolitan Toronto Police Service officer, cautions against using police dogs for missing person searches because "there is nothing worse than having some elderly person chewed up because you thought your dog might do an off leash open search."

The Public Police K9 Demo - This is the big promo event that is often used to sell the idea of police K9 units to the public. Not only do the dogs do tricks - the handlers do some too... like, 'bait and switch':

"....All successful demo's include a period of time that the audience can touch and pet the dog. Usually at the end, this time allows for individual questions and dispels the image of the vicious police dog. If the dog will not be tolerant, don't use it for the 'petting zoo'... use a puppy to substitute. You can usually get one at the local ASPCA kennel, breeder, or friend."

UK Police Dog Units (BBC) - a bland, sanitized overview of UK canine units. It is interesting, nevertheless, to note that "There are approximately 2,500 police dogs in England and Wales," and also that "All police forces in the UK have a dog unit."

Criminal Justice Institute - Volume 8, Issue 2 (Summer 2003 / CJI) Page 4: "Civil Liability - Police K9 Dogs - Warning Required Before the Release of Dogs Trained to Bite and Hold" (Legal analysis of the ongoing Jeffrey Kuha case). For follow-up, see Ruling in Kuha vs. City of Minnetonka (May 8, 2003 / 8th Circuit Appeals Court) - Plaintiff's allegation that the city's police officers failed to give him a verbal warning prior to using a police dog trained to bite and hold was sufficient to state a Fourth Amendment claim. District court erred in finding city not liable under 42 U.S.C. section 1983 as a matter of law.

Dog Bites and Reconstructive Surgery

The Good Ol’ Boy Syndrome! – A costly pastime

Links to additional reports which people wish to suggest for inclusion in this archive can be sent to Eric Squire at: g8alert@yahoo.com

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