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April 29, 2011

Is there some type of law that protects K-9 officers/handlers from liability if the dog does some type of damage to a vehicle during a search?

Full Question:
Hello,

I wrote to you a while ago asking permission to use some of your web site info for a term paper for school ( which by the way I got a B on. So, thank you). My reason for writing you today is, I work for the Oneida Police Department in Wisconsin and our K-9 officer is trying to research if there is any K-9 case law with regards to: Property damage that sometimes occurs when a dog "alerts" on a vehicle ..for example..the dog scratches on the exterior of a vehicle and causes scratches in the paint. Is there any case law or some type of law that protects K-9 officers/handlers from liability if the dog does some type of damage to a vehicle during a search?
Ed
Ed Ed's Answer:
Speaking as someone whose dog has done this - if he did not find drugs then his department needs to pay for the repairs. This is not a legal issue. You cannot scratch someone's car that does not have drugs in it. So it is not a case law issue.

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