Quoted:
This happened in the area I live in.
Backstory:
Dog allegedly bites neighbor(s) for third time. Animal control responds to dogs house requesting cops assist. Two cops arrive to assist. Animal control officer knocks on door and the owners answer. Animal control explains that the dog needs to be quarantiend. The dog owner asked if a home quarentien option was available. Animal control said home quaranteen is acceptable but they would need to do a quick home inspection to make sure the dog couldnt get outside unsupervised (look for unsecured doggie doors and such). Local muni code allows such inspections, but its a mute point because the man who owned the dog allegedly agreed they could come in to do the inspection. As the animal control officer steps through the front door the mans wife allegedly shoves the animal control officer. Cops step into the threshold and arrested her for assault. She allegedly fights the cops, they call for help, a supervisor and another cop show up and the woman goes to jail. Animal control officer allegedly says screw this. I don't need a minimum wage job that results in people attacking me and quits.
Follow up:
Woman sues forth 4th admendment violation and false arrest. Jury awards her $260,000.00! Hold the cops personally liable for punitive damages of $30,000.00 each. Holds the supervisor liable for punitive damages of $20,000.00.
Likely result:
Next time animal control calls for help with a vicious dog the cops are gonna say "We'll be waiting in our car, go do your thing. Good luck."
Somethings missing. Out here, if someone puts their hands on someone and pushes them, it's an assault.... same as the original post. Fighting with the cops could be another assault charge at the ofc discretion..... or if there were injuries it gets into the felony level.
1) They had permission to enter the residence. Out here, at least, that could be nullified if the woman told them to get out of her house.... but I'm not even taking into consideration that the animal control officer had a "right" to go in to check the residence per the original post.
2) I witness an assault take place.... I'm not going to stand outside of the threshold and watch it escalate. I have what I need to go in and de-escalate the situation and prevent from getting out of hand. If that means I put each person in a corner or if that means one gets hooked..... it depends on the situation.
I got into a fight with a guy outside his residence... during the scuffle we ended up inside his house until I got him hooked. I did not run after him into his house, we were "entangled" and during the "entanglement" we ended up inside his house. He tried to argue that I entered his house illegally..... he lost.