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« Dog Bite Fatalites 2010 Final Report | Main | Weekly Roundup - Week Ending 1/9/11 »

January 07, 2011

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Listed below are links to weblogs that reference Miami Court rules Animal Control breed ID to be subjective & in violation of due process:

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EmilyS

this ruling is beyond awesome. I believe the same reasoning about the inexpertise of "experts" has led Denver courts to rule in FAVOR of individuals whose dogs have been identified as "pit bulls" in recent cases. Now we need the reasoning applied in the Dias case which may very well topple Denver's BSL (along with their guaranteed loss in the service dog case).

Selma

Excellent news and timely for me. I'll be in court with a dog owner on Monday and we expect them to try to bring in the ACO as an expert. We were already prepared to fight this and win, but this extra bit of juice will help.

Happy New Year (belated) to everybody.

MichelleD

To take this one step further, since you can't visually ID a dog and know its true heritage anyway what good does being a visual breed id expert even do? At best this could only apply to seemingly purebred dogs - boxer, bulldog and mastiff mixes look pitty so they're impossible. So any pit bull mix could really be a boxer.

Selma, good to hear from you! Good Luck!

kmk

thanks, Brent, for this post on a significant case. It reminds me of a little publicized criminal case out of Massachusetts where the an appelate court overturned a drug dealer's conviction because law enforcement secured a "no knock" warrant by stating the dealer had a "pit bull". The court ruled they had to demonstrate that the particular "pit bull" was dangerous, not just say it was a "pit bull". you have to wonder who identified THAT dog when they got that warrant.

Where was this Miami case 30 years ago? Have the courts just now figured out people aren't psychic after all?

Thanks for the nod to the late, great science fiction writer Philip K Dick. The movie "Minority Report" was based on his short story of the same name. "Blade Runner", "Total Recall", and "Paycheck" were also Dick stories or novels. He was truly a visionary and I read a lot of his his books back in high school (showing my age, here). :-)

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