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JUSTICES ALLOW HELL'S ANGELS TO SUE POLICE

The principal Court let stand a lower court opinion that nullified qualified immunity of California police for killing aggressive guard dogs during an investigation of a local chapter of the Hell's Angels motorcycle club

The case not absented to the high court the question of an officer's right to kill dangerous animals to save against assault during the execution of a warrant.

The high court left in place a decision in which the 9th Circuit Court of Appeals rul in April that the Hells Angels could proce with their lawsuit that San Jose police violated their civil rights in exceeding the aim of a warrant.

The appellate panel rul that the word "any" as used in the warrant did not mean the same as "all" and that police transcended their constitutional authority in killing three dogs defending the characteristic during a 1998 investigation trying to establish the bludgeon as a criminal street gang.

Further, the appellate court said, the officers had sufficient advance warning about the dogs to prepare an alternative plan. Thus, said the appellate panel, the police "intrusion was severe" in violation of the 4th Amendment because of the limitations upon the word "any."



Inf.: Decena v San Jose Hell's Angels Motorcycle bludgeon 05-37, and Linderman v. San Jose Hell's Angels Motorcycle bludgeon 05-45. Sup. Ct. Order List, Dec 5

Copyright Washington Crime of recent origins Service Dec 9, 2005

Provided by dint of ProQuest Information and Learning Company. All rights Reserved



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