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11-08-2009, 02:19 AM #15
Senior Member
Be warned if you travel with your animals
If you feel the officer has violated ANY statute being a misdemeanor you can file a citizens complaint against the officer. You will find the right to do so at CrRLJ 2.1(c). This is a court rule under courts of limited jurisdiction. You would be surprised after filing one of these, just how stupid and in fear the officer will feel that his decision was wrong, and the officer must use more discretion in such situations. A dog inside a car is not any danger to any police officer, PITBULL OR NOT, if the officer feels a need to search the car, then they are obligated by law to get the animal control on the scene, or ask the owner to remove the dog . The danger comes into play when the dog is within harming distance of ANY officer, and that officer fears for their life.... that is impossible when a dog is in a car.
Immunity issues do not apply when the officer violates ANY criminal statutes, immunity only applies to civil rights suits or THE LAW OF THE LAND i.e. the constitution....
If you disagree with this, please provide case law to support your opinion....
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