Justice O"Connor dissents from the majority opinion in that deadly force as a last resort to prevent the escape of a suspect from the scene of a nighttime burglary does not violate the Fourth Amendment. In this case it was said, in which every other case uses, "Officers cannot resort to deadly force unless they have probable cause, to believe the suspect has committed a felony and poses a threat to the safety of the officers or a danger to the community if left at large." Garner 471 U.S. 1 at 1699.
III. Federal Court of Appeals Decisions.
A. Case One .
Kerr v. City of West Palm Beach.
875 F.2d 1546; (1989) .
There has been a K-9 police unite established in West Palm Beach the officers and the dogs have been through a twelve-week, 480 hour course in basic obedience and police work. "At the time of the incidents involving appellants, the canine unit included two German Shepherd dogs, "Sultan" and "Nick," and their handlers, Police Officers Michael J. Pontieri and Jerry Chestnut." Dorna F. Kerr v. City of West Palm Beach, 875 F.2d 1546 at 8 (1989). There is a written policy that the handlers must follow, that coincides with many other departments among the nation. However there was a oral policy allowing the officers to use the canine unit to apprehend fleeing and concealed individuals suspected of a serious misdemeanor. This oral policy did not define what constituted a serious misdemeanor, relying instead on the officer's discretion in making this determination. Thus the scope of a serious misdemeanor is very broad, encompassing volitions of city ordinances as well as Florida statues. The dogs in the canine unit are trained to bite and to hold until their handler gives them the command to stop, even if the person is cooperating with the police officers demands. If the dog shall loose his/her grip and the felony become free the dog will attempt to regain his/her control and bite again. .
The morning of July 7, 1982, Josh Terrell fell asleep in the front yard of a West Palm Beach home, he was intoxicated.