Originally posted by The Geofster
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FWPD Shoots and kills family dog while at wrong address
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Originally posted by kingjason View PostYou have the right to not be bitten by a dog. If you believe you are in danger of bodily injury you can shoot a dog. People do it all the time it just so happens it was a police officer this time.
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Originally posted by 03trubluGT View PostIt is called the "Good Faith Exception". If the officer went to the house in "good faith" and made a mistake, it is/can be mitigated. A simple mistake led to a tragic event, and it cannot be taken back. I feel horrible for the owners (and the dog), but it happened. It's not like the officer found a house with a similar number, a dog, and thought "Oh geez, here's my chance" and shot the dog.
I hope the city tries to make this situation right. If it were my officer, I would go meet with them and offer an apology and explanation.
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Originally posted by The Geofster View PostWell no, I don't really feel the need to follow all threads on the board but I don't believe that shit for a minute.
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Originally posted by The Geofster View PostIf a neighbor calls me and asks me for a cup of sugar and I bring it by the wrong house, their dog attacks me at that house and I shoot the dog, I wouldn't get a good faith exception. I'd get charged with a fucking crime.
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Originally posted by Mach1Run View PostPurple paint?
Originally posted by Samhain View Postยง 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.
(3) "Shelter center" has the meaning assigned by
Section 51.002, Human Resources Code.
(4) "Forest land" means land on which the trees are
potentially valuable for timber products.
(5) "Agricultural land" has the meaning assigned by
Section 75.001, Civil Practice and Remedies Code.
(6) "Superfund site" means a facility that:
(A) is on the National Priorities List
established under Section 105 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. Section 9605); or
(B) is listed on the state registry established
under Section 361.181, Health and Safety Code.
(7) "Critical infrastructure facility" means one of
the following, if completely enclosed by a fence or other physical
barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility,
substation, switching station, electrical control center, or
electrical transmission or distribution facility;
(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(E) a natural gas transmission compressor
station;
(F) a liquid natural gas terminal or storage
facility;
(G) a telecommunications central switching
office;
(H) a port, railroad switching yard, trucking
terminal, or other freight transportation facility;
(I) a gas processing plant, including a plant
used in the processing, treatment, or fractionation of natural gas;
or
(J) a transmission facility used by a federally
licensed radio or television station.
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Originally posted by 03trubluGT View PostIt is called the "Good Faith Exception". If the officer went to the house in "good faith" and made a mistake, it is/can be mitigated. A simple mistake led to a tragic event, and it cannot be taken back. I feel horrible for the owners (and the dog), but it happened. It's not like the officer found a house with a similar number, a dog, and thought "Oh geez, here's my chance" and shot the dog.
I hope the city tries to make this situation right. If it were my officer, I would go meet with them and offer an apology and explanation.
Leave a comment:
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Originally posted by 03trubluGT View PostIt is called the "Good Faith Exception". If the officer went to the house in "good faith" and made a mistake, it is/can be mitigated. A simple mistake led to a tragic event, and it cannot be taken back. I feel horrible for the owners (and the dog), but it happened. It's not like the officer found a house with a similar number, a dog, and thought "Oh geez, here's my chance" and shot the dog.
I hope the city tries to make this situation right. If it were my officer, I would go meet with them and offer an apology and explanation.
How do you know this?
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Originally posted by Broncojohnny View PostHow can it be legally or procedurally correct when the cop is the only one in the situation who made a mistake? What about personal responsibility? Is he not responsible? I guess he just gets a pass.
It is called the "Good Faith Exception". If the officer went to the house in "good faith" and made a mistake, it is/can be mitigated. A simple mistake led to a tragic event, and it cannot be taken back. I feel horrible for the owners (and the dog), but it happened. It's not like the officer found a house with a similar number, a dog, and thought "Oh geez, here's my chance" and shot the dog.
I hope the city tries to make this situation right. If it were my officer, I would go meet with them and offer an apology and explanation.
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Originally posted by talisman View PostYeah, a dog standing on its own front porch is completely outrageous. We might as well allow rape parties on Tuesday nights.
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Originally posted by STANGGT40 View Posti don't usually jump on the ftp bandwagon, but i seriously can't believe that you're making excuses for this guy. ok, fine...he made a mistake and went to the wrong house, but if this guy can't fend off a border collie, without shooting it, he probably needs to turn in his badge and find another profession. there are two reasons that he did what he did; either he's so scared that he's about as effective as a 4 y/o girl would be, or he has a chip on his shoulder and he felt like he needed to be a big shot and show these people who's boss. he likely thought he was at the correct address and felt like these people deserved to have their dog shot...i bet that if he actually knew he was at the incorrect address, when the dog came up to him, he would have never pulled his gun. in my opinion, in any scenario, this guy does not need to be carrying a badge.
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Originally posted by 03trubluGT View PostThere's an explanation that I'll go into later....
But for now, it seems that the officer went to the wrong address totally by mistake. He went to 4717 and should have gone to 4917. Maybe he misread the details, maybe it was something else, who knows. But once at the house, the dog(s) approached the officer and he felt he had to do what he did.
Does it make it right? Well, ideally, no. Procedurally or legally maybe yes.
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