There are no universally established guidelines for handling dogs held as evidence in criminal or civil cases. However, in cases where a dog has attacked a person, the shelter or Humane Society that takes custody of the animal plays a crucial role in preserving evidence. The key question is whether the dog’s condition, behavior, or physical attributes might shed light on issues relevant to the legal proceedings.
Why Preserving the Dog Matters
Certain characteristics of the dog may be important to the case, including:
- Dentition – The shape, size, and alignment of the dog’s teeth can be relevant, particularly in identifying bite patterns.
- Scarring or Injuries – Scars may indicate prior fights or abuse, shedding light on the dog’s history and potential for aggression.
- Behavioral Responses – The dog’s reaction to specific stimuli may be used as evidence regarding its temperament or training.
A legitimate expert may testify that the absence of the live dog eliminated the ability to conduct necessary tests or gather critical evidence. The loss of such evidence can impact both criminal and civil cases.
Legal Consequences of Destroying or Altering the Dog
Destroying, altering, or failing to safeguard an attacking dog can expose the shelter to legal liability. The law recognizes a cause of action for spoliation of evidence, meaning that an entity that negligently or intentionally destroys evidence can be sued. In some circumstances, it may even constitute obstruction of justice, leading to potential criminal charges.
Best Practices for Shelters Holding an Attacking Dog
To ensure that the shelter meets its legal and ethical responsibilities, the following practices should be followed:
- Preserve the Dog’s Condition – The dog must remain unchanged for the duration of the case. Do not attempt to retrain or rehabilitate the dog, as modifying its behavior could interfere with expert evaluations.
- Maintain Strict Custody and Security – The dog should be kept in a secure environment with strict records of who has access. There have been cases where attacking dogs were stolen from shelters, which could expose the organization to liability.
- Allow Access for Legal and Expert Review – The dog should be made available for examination by retained experts, attorneys, and investigators. However, access should only be granted after verifying that all parties involved in the case have been notified and have an opportunity to be present.
- Prohibit Unauthorized Handling – Ensure that no one engages in training, testing, or other interactions that could change the dog’s behavior or affect its temperament.
- Do Not Adopt Out, Transfer, or Euthanize the Dog Prematurely – The dog must be retained until all legal proceedings are resolved and all parties have had a chance to conduct necessary evaluations.
- Record Identification Data – Take photographs of the dog from all angles. Weigh him. Measure his height at the shoulder and the top of his head, his length from the tip of his nose to end of his back, and the length of his tail. If he has a microchip, record it, but do not microchip him or change him in any way.
- Get Consent if Veterinary Care is Required – All parties in the case should be notified and have an opportunity to examine the dog before medications are administered, surgery is performed, etc. If veterinary care is urgent, the timetable will be as short as necessary.
The High Stakes of Evidence Preservation
Serious dog attacks often involve high-stakes litigation, including criminal charges, civil lawsuits, and potential liability for multiple parties. Given this, shelters holding attacking dogs must take their role seriously. Failure to properly preserve the dog could result in legal repercussions, undermine justice, and create additional liability for the shelter itself.
By following these best practices, shelters and Humane Societies can fulfill their legal obligations, protect themselves from liability, and ensure that justice is properly served.