Topic: Dog shot in Meridian neighborhood. Self defense?

[GrayWolf]

Question for the law enforcement officers.  Here's a hypothetical situation.

1.  You're walking down a sidewalk in a neighborhood, minding your own business.

2.  You notice that there's an unleashed dog, on its own property, on the same side as you are.

3.  The dog notices you, bares it's teeth, is growling, and you perceive that it is going to attack you.

4.  You are carrying a weapon.

5. The dog comes at you, again looking like an attack is imminent, but is on the sidewalk - not yet in the street.

Are you legally obligated to avoid an unleashed dog - on its own property - before taking any action? Specifically, are you legally obligated to either turn and walk another direction, or slowly cross the street to avoid a confrontation?

I'm NOT asking whether you SHOULD avoid a confrontation -- that's obvious.  I'm asking whether you MUST try to avoid one - for legal reasons if there is a lawsuit against you over a possibly dead dog.

What say you?

[Bill, Idaho]

In regards to question number 5 (technically the sentence after #5) the way I read that sentence is you are considering the sidewalk to still be private property.  The sidewalk is public. The lawn/driveway, etc is private, but the sidewalk is considered to be public.   If the city put it there, it is public (with very few exception). So, the way your asking is confusing....
   

[Bill, Idaho]

And before others get their underwear in a wad, it is very confusing/complicated in regards to sidewalks. Even though many property owners TECHNICALLY own their property out to the middle of the street (in many residential areas), AND, you are probably required to keep it clean by city codes, TECHNICALLY, it is still considered public property. You cannot deny anyone from walking in front of your house on the sidewalk ( unless there are court orders, such as NCO'S, CPOR'S, etc.)   I know, I know, the city makes me keep the one in front of my house clean, but won't let me change it...... it makes no sense to me either. 
 For example, one town has a code where you cannot block a sidewalk. Therefore, if you park your car in your own driveway, but park far enough back so that the car is over the sidewalk, they can make you move your car. (Not that they will, but they can if they want to)
Getting back on topic....a dog on the sidewalk is not on private property. Even if it is in front of its own residence. (In most cities that I am aware of around here.) 

[Joey]

Joey I can't remember if I asked you... did you burn the hair off your knuckles on with that beast?

Knuckles no - Had gloves on. But I did singe the hair off my left forearm/wrist 

[popsgunner]

tryin to run, probably not an option, walking sticks and such, sprays, maybe, guns are last resort, you will or should know when it's time to use it, way down in your gut, not out of spite, or hate but grave circumstance. Shoot to stop the threat, period, threat stops stop shooting, 2 or 22 rounds. We rarely walk on the sidewalk, but on the street just next for an escape if needed. IMHO

[Bill, Idaho]

No legal obligation to not stand your ground, provided you are on public property. 

BUT.......

 

[popsgunner]

Agreed....BUT.....perception is reality as we see with these idiot hippie people such as shown in this thread, lady saying he should'nt of had a gun around kids, dumbass, we as shooters have to push ourselves to make sure that what they DO see is what we want them to, NO without taking a bite of course.

Real warriors like us, all of us have dropped the ego long ago. Most Real samurai looked like vagabonds way back when, those were the REAL warriors of the people. OK rant over.

[birddog1989]

Stinking Hippies

[attachment=1]

You forgot dirty!

[GrayWolf]

No charges will be filed against either the deputy or the dog's owner.

News report:  http://www.ktvb.com/news/No-charges-against-deputy-in-shooting-death-of-Meridian-dog-90037367.html

[SEVERED]

Man some of the comment on the ktvb facebook page remind me of how dumb people can be.... Lots of people that would be better of in Cali.... we should take donations and rent a bus and send them on there way.

[NGO]

Our evidence shows clearly that the dog was 18 feet into the street when it was shot," said Basterrechea.



Nice when physical evidence backs you up.

[e11charlie]

Now the residents have to worry about walking their dogs and getting shot.  WHAT A LOAD OF LIBERAL SHIT!!!!!!!!!

[NGO]

Now the residents have to worry about walking their dogs and getting shot.  WHAT A LOAD OF LIBERAL SHIT!!!!!!!!!

 :sarcon:Being responsible for your dog.....who'da thunk it....

Liberals don't want to be responsible for their actions...

[carharttfarmer]

anybody else notive how small and fat the dog was in all the pics ?

[birddog1989]

I know it's been said already in one form or another, but can't any of those cry baby shit asses in the video take care of their dogs?  To me that means keeping things like this from happening by keeping them in a fenced yard or oh i don't know putting a dam leash on the dog! What would have been the difference if he would have caved it's head in with his batton or stomped the little bastard with his boots? Those jerks need to stand in front of a speeding fuel truck.

[agunforeachhand]

This all could have been avoided if the lady just had a pussy cat instead of a dog

[carharttfarmer]

yes the dog should have been on a leash or fenced in and i bet there are unenforced laws that say that

if he had beat it with a baton or stomped it to death i would at least respest him as a MAN

[birddog1989]

This all could have been avoided if the lady just had a pussy cat instead of a dog

Oh God could you imagine the way that big fat thing would smell in the middle of...oh you meant...nevermind.


You have to give him his due for nailing that little thing twice while it was on the move.  Don't know how many time he shot though.  Yeah John Wayne would have just kicked it out of the way with out missing a beat.

[carharttfarmer]

 Yeah John Wayne would have just kicked it out of the way with out missing a beat.

 even a cop from salmon probabley would have just kicked to the side and went on

[birddog1989]

Well an Sheriff's Deputy yeah.  City COP...mmm...probably not.