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Protecting your home

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Edward Lever
Edward Lever
Posts: 734
Joined: 22nd Dec 2005
Location: UK
quotePosted at 11:00 on 21st December 2013

I have just read of a case heard in the Court of Appeal where a man successfully appealed against his conviction for owning a dangerous dog out of control in a public place,  which bit police officers who broke into his home.

BBC Report here

The appeal succeeded on the basis that it was the police officers' actions which allowed the dog to escape. I do not know the man concerned in the case, but I like the last line in the News Report -

 "It's not the dog's fault. You should have knocked. I would have let you in."

 It is worthy of A.P. Herbert's 'Misleading Cases'

 

 



Edited by: Edward Lever at:21st December 2013 11:07
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rustyruth
rustyruth
Posts: 18773
Joined: 23rd Oct 2012
Location: England
quotePosted at 13:23 on 21st December 2013

I find this very odd, in all my years service I cannot recall one single time when a Police Officer has entered someone's private home to execute a search warrant without knocking several times first, or chucking the odd pebble at a window if there's a chance they're in bed. Just breaking in even with a warrant you're leaving yourself open to all sorts of allegations.

But this is the Met and they've always played by their own set if rules. 

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Edward Lever
Edward Lever
Posts: 734
Joined: 22nd Dec 2005
Location: UK
quotePosted at 13:54 on 21st December 2013
It is sad that the Officers were injured, but the dog paid the ultimate price in protecting its master. The dog was repeatedly hit by the Officers, using their batons and a metal battering ram, and was then shot dead in the street. Maybe the Police will knock next time.

Edited by: Edward Lever at:21st December 2013 15:31
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