Legal Opinion
James Tracey Miller v. Clark County Edward J. Bylsma, in His Capacity as a Police Officer for Clark County and as an Individual
Court of Appeals for the Ninth Circuit
Decided August 21, 2003No. 02-35558PublishedCited by 215 opinions
1Opinion of the Court
GOULD, Circuit Judge.
We consider whether a sheriffs deputy violated a criminal suspect’s Fourth Amendment right to be free from unreasonable seizures by ordering a trained police dog to “bite and hold” the suspect until officers arrived on the scene less than a minute later. Because we conclude that the officer’s use of the dog here did not violate the suspect’s Fourth Amendments rights, we affirm the district court’s judgment.
I
A Clark County Sheriffs Deputy was on routine patrol on the night of January 21, 2001, when he became suspicious of the driver of a silver Pontiac Fiero. 1 The deputy…
2Cases cited26 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Graham v. ConnorSupreme Court of the United States · 1989
- Tennessee v. GarnerSupreme Court of the United States · 1985
- United States v. HensleySupreme Court of the United States · 1985
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
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3Cited by215 opinions
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- Espinosa v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2010
- Young v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2011
- United States v. Ronald A. McIver and All Out Bail Bonding Giggies Bonding Company, Parties in InterestCourt of Appeals for the Fourth Circuit · 2006
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