One very brave piece of “property”
Or maybe even a life-saver, which is how his partner, Officer Jeff Dorn, referred to him while recuperating in a hospital from two gunshot wounds fired by the same burglary suspect who fatally gunned down Mick.
But according, at least, to an Oregon Court of Appeals decision — issued the very same day Mick died while trying to apprehend the fleeing, gun-firing suspect — Mick, being a dog, was merely “property.”
The court ruling wasn’t about Mick — instead it stemmed from an abuse case — but the timing and juxtaposition of the two stories serve to make a point that society, and lawmakers, and law enforcers, and courts, ought to start heeding.
Dogs aren’t toasters.
Mick joined the Portland Police Bureau K-9 Unit in March. After only a few days on the job, police, he captured three suspects within a 10-hour period. On Wednesday, he was with Dorn, chasing down a fleeing burglary suspect, when he was shot.
“Officer Dorn would like the community to know that ‘Mick saved my life,’ ” Portland police Sgt. Pete Simpson said in a press release.
“The dog was doing its job. He was out there protecting our community, and it’s tragic that we lost the dog,” said Portland Police Chief Mike Reese.
After Mick’s body was recovered, a procession of police cars followed him to a veterinarian’s office, according to a report in Wednesday’s Oregonian, but it was too late.
On the same day Mick died, the Oregon Court of Appeals issued a ruling declaring — in line with what all the law books say — that dogs are “property.”
As such, the three-judge panel ruled, dogs can’t be seized and examined without a warrant, even if the purpose is to save a dog’s life.
The legal view of dogs as — above all else — property both degrades and endangers man’s best friend, and can make it difficult for animal-cruelty investigators to provide help to beaten, starved or neglected pets.
Changing that age-old view would require throwing away a lot of law books, and it would require judges to finally start showing half the backbone Mick did.
It’s time to make a legal distinction between inanimate “property” that has no soul, and “property” (if we must call them that) that does have a soul.
The Court of Appeals Wednesday did the opposite, throwing out the conviction of a 28-year-old woman who, based on evidence from a veterinarian who tested and treated the animal without a warrant, was found guilty of starving her dog, the Oregonian reported.
After an informant told the Oregon Humane Society that Amanda L. Newcomb was beating her dog and failing to properly feed it, an animal-cruelty investigator went to Newcomb’s apartment in December 2010 and saw the dog in the yard “in a near emaciated condition.”
Newcomb told the investigator she was out of dog food and that she was going to get some more, but the investigator determined the dog likely needed medical care and brought the dog to a Humane Society vet for an examination.
That exam, according to the appeals court ruling, constituted unreasonable search and seizure of property — namely, Newcomb’s dog.
While the investigator had probable cause to seize the dog without a warrant, the court said, the “search” — i.e. medical exam — of the dog violated Newcomb’s privacy rights because the authorities hadn’t obtained a warrant.
The ruling effectively overturns her conviction on charges of second-degree animal neglect, and the original judge’s orders for her to serve one year of probation and not possess animals for five years.
It could also serve to hamper animal cruelty investigations across the state.
Maybe worst of all, it confirms the foolish concept that dogs — despite their heroics, despite their loyalty, despite their having character traits that we humans can only envy — are, first and foremost, property, a wrongful designation that legally, if not in reality, seems to trump all else.
Posted by John Woestendiek April 18th, 2014 under Muttsblog.
Tags: animals, burglary, chasing, court, courts, dog, dogs, jeff dorn, K-9, k9, killed, law, law enforcement, lawmakers, legal, mick, officer, oregon, pets, police, police dog, portland, property, ruling, suspect