There’s a widely held theory that in K-9, it is not a matter of if you get bitten, but simply a matter of when. As handlers and trainers, we spend a great deal of time concentrating on preventing unintentional bites. However, equipment fails, decoys make mistakes, and dogs have minds of their own — and sometimes they differ with us in our approach to training and how a particular scenario or exercise will unfold. The intent of this article is not to discuss the accidental “tag” that comes from a nip or a wayward tooth during play. What I am talking about is a full-out bite-and-hold that seems to occur for no reason.

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Not every confrontation you face as a K-9 handler will occur on the streets. Some of you will have the distinct misfortune of being named as a defendant in a civil lawsuit. The personal safety tactics that served you on the street will not apply in the mahogany offices of attorneys or in marble courtrooms filled with judges and juries. You will be entering an arena where you are no longer in charge and someone else will be calling the shots. How can you best survive that experience and come out on top? An in-depth discussion of the components that influence the outcome of a civil lawsuit is beyond the scope of this article, but I will highlight the most important factors for a successful defense.

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It’s time to review and refresh our memory of the key legality issues that affect a patrol K-9 and handler. The courts typically do not reinvent the wheel; therefore, this article will discuss the relevant historic legal decisions that affect your daily work as a K-9 handler or supervisor.

Potential Loss of the Law-Enforcement Canine

There are three legal issues that can result in canine units being terminated or reduced in size. The first issue concerns deployment protocols; that is, failing to deploy the dog properly, leading to litigation that results in either an out-of-court settlement or a jury verdict against the agency.

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Thus far in the 2009 term, the U.S. Supreme Court has decided two highly significant criminal law/search-and-seizure cases. Each case has a considerable impact on law-enforcement officers’ daily routine all across the United States. Both cases cover major changes in criminal law dealing with passengers at traffic stops and what officers have come to understand is meant by the phrase “search incident to arrest.”

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