BNCL Law Firm - Burris, Nisenbaum, Curry & Lacy

Balancing Safety and Civil Rights: Understanding the Legal Implications of K9 Units

June 5, 2024
Image of Police K9 Unit
Malinois Belgian shepherd Police K9

In today’s increasingly security-conscious society, the use of police dogs (K9s) has become a common sight in public spaces such as airports, stadiums, and shopping malls. These highly trained animals are critical in law enforcement’s efforts to maintain safety and order, from detecting drugs and explosives to controlling suspects. However, deploying K9 units raises critical legal questions, particularly regarding the rights of individuals under the Fourth Amendment, which protects citizens from unreasonable searches and seizures. For a firm like Burris Nisenbaum Curry & Lacy (BNCL), understanding the nuances of the law surrounding the use of police dogs is essential in providing effective legal representation and advocacy.

The Legal Framework Surrounding K9 Searches

Under the Fourth Amendment, law enforcement must have reasonable suspicion of a crime to search a person, property, or vehicle using a K9 unit. A police dog’s alert during a search is considered probable cause, permitting officers to search and use any discovered evidence in court. This aspect of law enforcement strategy underscores the need for legal practitioners at BNCL to be adept in the complexities of constitutional law, ensuring that the civil rights of individuals are not infringed upon during such encounters.

Responding to a K9 Deployment

When a K9 is used to control a suspect, the law typically mandates that officers announce their intent to deploy the dog. This warning is a matter of procedure and a critical moment for individuals to assert their rights. For those in such situations, compliance and clear communication of one’s intention to surrender can prevent the deployment of the K9 and avoid further escalation.

BNCL’s role in such scenarios extends beyond the courtroom. The firm is committed to educating the public on their rights and the proper responses to law enforcement procedures, including interactions with police dogs. This commitment to public education is part of BNCL’s broader mission to advocate for civil liberties and ensure that law enforcement practices remain fair.

Cases and Controversies

Legal controversies often arise from deploying K9 units, especially when using a police dog is perceived as excessive or unnecessary. Such instances can lead to serious questions about the appropriateness of force used by law enforcement. BNCL, with its expertise in civil rights and police misconduct, is at the forefront of addressing these challenges. Through litigation and advocacy, the firm seeks to hold institutions accountable and ensure that the use of police dogs aligns with constitutional protections and ethical policing standards.

Final Thoughts

Integrating K9 units into law enforcement strategies is a testament to the evolving nature of public safety measures. While police dogs are invaluable assets in the fight against crime, their deployment must be balanced with respect for individual rights and legal standards. For firms like Burris Nisenbaum Curry & Lacy, the focus remains on safeguarding these rights, providing expert legal counsel, and advocating for fair and responsible policing practices. Through diligent legal representation and public education, BNCL contributes to a legal landscape where safety and civil liberties coexist harmoniously, ensuring that the use of police dogs in law enforcement is conducted with respect for the rights of all citizens.

You have certain inalienable rights in this country, and you have certain protections based on certain characteristics. These things are not simply moral but legal. When there’s a violation of your rights, our civil rights attorneys at Burris Nisenbaum Curry & Lacy take action. We are committed to ensuring your rights under the U.S. Constitution, federal law, and state law are upheld, and we will persevere to ensure justice is rendered when violations occur. Contact us at 510-839-5200 to learn more. 

Case Results

Reginald Oliver v. City of Oakland

Oakland Police keep fabricating evidence and lying about minorities to arrest and prosecute them for supposed “gang” crimes, in violation of a settlement that prohibits …

Read More
Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course
John Burris
Jane Smith v. City of Oakland

Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

Read More
Finding evidence about defendant's post-conviction parole violation unfairly prejudicial "since the jury could have construed that parole violation as character evidence in violation of Federal Rule of Evidence 404(b)" Read Full Course
Rodney King
Rodney King v. City of Los Angeles

Rodney King has filed a petition for a writ of mandamus seeking to have Judge John G. Davies disqualified from presiding at the trial of …

Read More
Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course
FEATURED News & Updates

Civil rights lawyer John Burris confronts police narratives

Written by Janie Har, AP researcher Rhonda Shafner also contributed to this report. To read on AP News click here OAKLAND, Calif. (AP) — Before …

Watch our video
Share via
Copy link