Golden Gate University Law Review Volume 34 Article 8 Issue 1 Ninth Circuit Survey January 2004 Throw a Dog a Suspect: When Using Police Dogs Becomes an Unreasonable Use of Force Under the Fourth Amendment Lisa K. Sloman Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Civil Rights and Discrimination Commons, and the Criminal Law Commons Recommended Citation Lisa K. Sloman, Throw a Dog a Suspect: When Using Police Dogs Becomes an Unreasonable Use of Force Under the Fourth Amendment, 34 Golden Gate U. L. Rev. (2004). http://digitalcommons.law.ggu.edu/ggulrev/vol34/iss1/8 This Note is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact
[email protected]. Sloman: Unreasonable Use of Force NOTE THROW A DOG A SUSPECT: WHEN USING POLICE DOGS BECOMES AN UNREASONABLE USE OF FORCE UNDER THE FOURTH AMENDMENT INTRODUCTION A felony suspect, hiding in the woods outside his parents' rural home in Washington State suddenly finds himself in the clutches of a police dog with a biting force of 800 to 1200 pounds per square inch, comparable to a car running over a body part.l As the suspect screams in agony, police anxiously make their way through the dark, unfamiliar woods to find him.2 Although this police dog ordinarily bites a suspect for no more than four seconds, in this instance, the dog continued to bite for forty-five to sixty seconds, until police finally located the suspect.3 Because of this attack, the suspect suffered ex tensive and permanent injuries to his upper arm.4 While the Ninth Circuit has generally held that using properly trained police dogs does not constitute deadly or ex cessive force, the court reexamined the issues in Miller v.