Local Cop said he'd arrest me today for protecting myself!


JAJ

JAJ

New member
I've lived in the same house 30+ yrs. Neighbor 2 houses down has 2 vicious German Shepard's. Last year her dog jumped the 6ft fence & attacked me, thank God for my Akita! At that time animal control made her put up a privacy fence yada yada yada.
This morning I let my dog out into our fenced back yard & before I got sat down I heard what sounded like a huge dog fight. I ran out there (on a broken foot) to see that the neighbor had been walking those dogs OFF LEASH & they were now at my fence barking & jumping trying to get over fence to my dog. I called cops.
When he came he said he will not make police report this time because nobody was injured. I told him my other neighbor has a 1 yr old baby that plays in their back yard & if those shepherds jump the fence & go after that baby I'm going to shoot both of the dogs. At that time the cop looked at my 9mm (which is always on my desk) and he said, I can arrest you right now for making threats. WHAT?!
Tomorrow my 1st stop will be animal control. Dogs MUST be a on a leash. My 2nd stop will be to have a discussion with our police chief. He needs to explain the gun laws to his officers. When I told the cop that I have every right to shoot to protect human life he said, "Don't tell me the law I KNOW THE LAW!".
Well obviously not. And trust me, if those dogs go after anybody again I will use MY rights as a lawful gun owner to defend human life!
 

Well you did make a threat, basically. A well meant one certainly, but ... and I agree with you, if you or the baby are attacked you can of course defend yourself.
 
jg1967, I don't see your logic in that of JAJ making a threat. He made a statement of what he would do to save a child. If that is seen as a threat to you and that cop, their is truly something wrong with the way you think. I sense that too much "PC" has been absorbed from watching MSM.
 
Thanks Tony! BTW I'm a 120 lb woman & the 1st time the dog jumped the fence it tore me up pretty good before my Akita got it by the throat.
 
The dog laws in virtually every state, specifically state a dog can be killed while attacking persons or livestock. They generally don't give permission for a dog attacking another dog, but I assume the aggressor dog will attack you while saving your dog and then, well...
 
Respectfully remind your cops and their chief that the U S Supreme Court has said they are not responsible for any individual's safety therefore you are allowed to protect yourself or others.
 
L E O's should only be allowed to investigate and take thier findings to a State Attroney to present to a "Grand Jury" take away thier power to arrest unless immediate harm will befall another.

SCOTUS opinion:

(see Christy v. Elliot, 216 Ill. 31, 74 NE 1035; Cal v. Farley, 98 Cal.
09, 20 CA 3d 1032; Mich. v. Duke, 266 US 576, 69, 449.)
State police power extends only to immediate threats to public safety,
health, and welfare.

source:Supreme Law School : E-mail : Box 036 : Msg 03678
 
jg1967 said:
Well you did make a threat, basically. A well meant one certainly, but ... and I agree with you, if you or the baby are attacked you can of course defend yourself.
Click to expand...
How is it a threat to save the baby if the dogs jump the fence he was saying what he would do if the dogs jump in the yard and attack the baby.I will admit it would probable been better not to have said any thing at all.
 
I've learned arguing with the wife about something MUST be what its like to have a discussion with that type of LEO.
THEY are RIGHT...regardless...and will somehow twist whatever you say back on to you! Lol
 
JAJ said:
I told him my other neighbor has a 1 yr old baby that plays in their back yard & if those shepherds jump the fence & go after that baby I'm going to shoot both of the dogs. At that time the cop looked at my 9mm (which is always on my desk) and he said, I can arrest you right now for making threats. WHAT?!
Tomorrow my 1st stop will be animal control. Dogs MUST be a on a leash. My 2nd stop will be to have a discussion with our police chief. He needs to explain the gun laws to his officers. When I told the cop that I have every right to shoot to protect human life he said, "Don't tell me the law I KNOW THE LAW!".
Well obviously not. And trust me, if those dogs go after anybody again I will use MY rights as a lawful gun owner to defend human life!
Click to expand...

I've made some good money off cops who think they are lawyers. Including one cop who was a law school graduate.

But I still would not have told the cop I was going to use my weapon even if justified under the law. what if you miss and hit the kid?
 
Shoot the dog

How are you to know the dog does not have rabies or some thing. Hope the home owner has vicious dog insurance since the dog has a history of attacking.

I would have loved to have an Akita.
 
What I am trying to say is, the OP told the cop he would shoot the dog if it attacks. The cop is supposed to preferably prevent that or at least caution the OP to not do so lightly. But in any case, I don't disagree with being able to defend yourself anyway.
 
Walk softly... carry a big stick.

One should never make such a statement to a LEO. It only invites trouble. I do however agree with the OP that he must protect himself and his dog. He also has the right to protect that one-year-old.
 
jerry12 said:
How is it a threat to save the baby if the dogs jump the fence he was saying what he would do if the dogs jump in the yard and attack the baby.
Click to expand...
This is an oversimplification of the law using a word game. First of all, in its' simplest form, making a threat is not illegal. Threatening a lawsuit against someone is not against the law or saying "Stop or I'll shoot" to an approaching attacker is not against the law, even though they are both technically threats. Just as not all homicides are not illegal, chargeable offenses, not all threats are either. If you are expressing what you would legally do in a particular situation, you are not issuing an illegal threat. Criminal threatening is the threatening of an illegal act normally against a person, not a dog, and it is an act that is intended to intimidate, coerce or terrorize a person. The cop in this case was most definitely in the wrong, and the OP is very much within his rights to complain about it. If anyone made an improper threat in this case it was the cop.
 
I agree with NOT stating your future POSSIBLE intentions, just do what you have to do if the time comes.

I have a slight ongoing dog issue right now with some neighbors, we actually get along well. I did warn them about an aggressive dog twice already though. They have been much better, but the next time I see it on my property is gets a face full of bear spray. It's a few steps below shooting it, which is an option if required. Just another idea for you.
 
JAJ said:
I've lived in the same house 30+ yrs. Neighbor 2 houses down has 2 vicious German Shepard's. Last year her dog jumped the 6ft fence & attacked me, thank God for my Akita! At that time animal control made her put up a privacy fence yada yada yada.
This morning I let my dog out into our fenced back yard & before I got sat down I heard what sounded like a huge dog fight. I ran out there (on a broken foot) to see that the neighbor had been walking those dogs OFF LEASH & they were now at my fence barking & jumping trying to get over fence to my dog. I called cops.
When he came he said he will not make police report this time because nobody was injured. I told him my other neighbor has a 1 yr old baby that plays in their back yard & if those shepherds jump the fence & go after that baby I'm going to shoot both of the dogs. At that time the cop looked at my 9mm (which is always on my desk) and he said, I can arrest you right now for making threats. WHAT?!
Tomorrow my 1st stop will be animal control. Dogs MUST be a on a leash. My 2nd stop will be to have a discussion with our police chief. He needs to explain the gun laws to his officers. When I told the cop that I have every right to shoot to protect human life he said, "Don't tell me the law I KNOW THE LAW!".
Well obviously not. And trust me, if those dogs go after anybody again I will use MY rights as a lawful gun owner to defend human life!
Click to expand...

You'd better hope those dogs don't so much as stub their toe or that cop is going to be on you like Jillian Michaels on a fat chick.

If you feel that those dog pose an imminent threat(go back and read the italisised part again)you are w/in your rights to shoot. You had better be right though because you will be called on to justify your actions.

You are not w/in your right to make threats to do it before hand. You'd better hope those dogs live to a ripe old age and die in bed or that cop is goingg to be knocking on your door again
 
Treo said:
You are not w/in your right to make threats to do it before hand.
Click to expand...
Yes he is. There is nothing illegal about threatening legal action in response to an action or in response to another threat. Threatening to shoot a dog that is NOT attacking would be an illegal threat because doing so is an illegal action. But saying that you would shoot an attacking dog is not an illegal threat because shooting an attacking dog is a completely legal action in response to a threat (the attacking dog). The only way such a statement can be interpreted as an illegal threat is if it is made in a way that it can be interpreted as being intended to intimidate, coerce or terrorize someone, such as the dog's owner. Since the OP made the comment to the cop and not to the owner, and since the cop doesn't have the slightest chance of convincing a judge that the comment intimidated, coerced or terrorized him, or was an attempt to, the OP is not guilty of an illegal threat. As I said before, the only person guilty of an illegal threat here, attempting to intimidate, coerce or terrorize someone, was the cop. He doesn't have a legal leg to stand on. This is the cop version of big hat, no cattle. He was exercising his ego, not the law. He might arrest you, but it won't stick. And you may well have a good harassment suit on your hands if you want to pursue that route.
 
I call BS he cannot arrest you for threatening a vicious dog, have words with the chief and use the L word.....
 
Always keep these words in the front of your mind

Never talk to a cop.
Whatever you say to a cop can and too often will be turned against you.
 
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