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  1. #21
    Join Date
    Nov 2013
    Posts
    6,513

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    It's hard enough to put down a pet for medical reasons but to be coerced to do so by an officer makes it all the worse.

    No matter how domesticated an animal is there is always going to be the inherent instinct. The dog killed a feral cat not someone's pet.

    Sad, just very sad.

    This is by the way not a legal opinion.

  2. #22
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    Contact your prosecuting attorney and ask just what the process is they have in place for the determination as to Vicious Dogs/Dangerous Animals.

  3. #23
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    Quote Quoting budwad
    View Post
    It's hard enough to put down a pet for medical reasons but to be coerced to do so by an officer makes it all the worse.

    No matter how domesticated an animal is there is always going to be the inherent instinct. The dog killed a feral cat not someone's pet.

    Sad, just very sad.

    This is by the way not a legal opinion.

    This does indeed stink but to be fair, the cat could have been someone's pet. We keep our cat inside for this very reason- cars and dogs.

    I hope the OP gets some answers and some closure soon.

  4. #24
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    Quote Quoting Mephis
    View Post
    Contact your prosecuting attorney and ask just what the process is they have in place for the determination as to Vicious Dogs/Dangerous Animals.
    That would be useful to know, but as that process would only apply following the sheriff's seizure of the animal -- something that did not occur -- it's not going to resolve the questions before us.

  5. #25
    Join Date
    Apr 2015
    Posts
    5

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    To be fair, as you said, I informed the neighbor the day they moved in and I saw they had a pet cat wandering around our yard that Buddy was dangerous to cats. They subsequently kept their pet cat inside. Why they allowed a stray to take up residence in the open garage I don't know. I was not informed, and several times that cat was outside the door when I was about to let Buddy out, but I was able to hold him and warn the cat away. I guess the steel cable got fatigued as Buddy was taunted by that cat. Had I known, I would moved his run to the other side simply to let Buddy relax a bit.

    - - - Updated - - -

    Thank you for that suggestion. I had no luck to get the sheriff to give me law section or numbers. I have found one, describing the sheriff's job that does allow him to impound any animal "suspected" of being vicious, and then a "formal declaration as to the dangerousness" will be done. Not sure what that formal thing is, maybe the DA will tell me. In any case, there was sure nothing formal happened here.

  6. #26
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    Quote Quoting rmh8400
    View Post
    To be fair, as you said, I informed the neighbor the day they moved in and I saw they had a pet cat wandering around our yard that Buddy was dangerous to cats. They subsequently kept their pet cat inside. Why they allowed a stray to take up residence in the open garage I don't know. I was not informed, and several times that cat was outside the door when I was about to let Buddy out, but I was able to hold him and warn the cat away. I guess the steel cable got fatigued as Buddy was taunted by that cat. Had I known, I would moved his run to the other side simply to let Buddy relax a bit.

    - - - Updated - - -

    Thank you for that suggestion. I had no luck to get the sheriff to give me law section or numbers. I have found one, describing the sheriff's job that does allow him to impound any animal "suspected" of being vicious, and then a "formal declaration as to the dangerousness" will be done. Not sure what that formal thing is, maybe the DA will tell me. In any case, there was sure nothing formal happened here.
    Can you post a follow up after you talk to the DA?

    Best of luck to you.

  7. #27
    Join Date
    Apr 2015
    Posts
    5

    Default Re: Sheriff Ordered Dog Die/ No Due Process/Never Bit Anyone. Killed a Stray Cat

    I found the county law which is titled something like "sheriff to dispose of vicious animal", and it is pretty clear that IF (for pretty much any reason he can make up) the sheriff suspects an animal is vicious, he may impound it until a "formal process" or hearing to determine the dangerousness of the animal is determined. I will go see the DA (States Attorney in SD I believe) to at least get the proper law the sheriff was acting under in writing. My police report says "I, the sheriff, told him there is law against vicious animals in SD" we discussed "his options" (all of which included my dog would die that day, either in a hale of gunfire upon storming my house or I bring him in). But both in the sheriffs job description, under county ordinance and state law it sure seems that there is a process and hearing before killing the dog. I will post here tomorrow whatever I find.

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