Today, the magistrate court dismissed charges against a GRL Law client whose dog bit a DMPD officer.
The evidence showed the officer attempted to coax our client into the common area of her downtown loft to “discuss” a complaint. However, when she declined, the officer crossed the threshold of the door to arrest her.
That’s when the owner’s small dog intervened and caused $80.00 in damage to the officer’s tactical pants.
We believed there was a defense to the merits because the ordinance requires proof that the owner “allowed” the dog to cause damage property. Hard to “allow” damage when you are in police custody, right?
But, more importantly, the warrantless entry into her home to make the arrest was arguably unconstitutional.
A tip of the hat to the prosecutor, too, for the professionalism in dismissing the charge under the circumstances.
