1) Delegation of State Power to a Non-Human Entity
Police dogs are a direct delegation of state power to an animal. They are used by the government to perform law enforcement functions, but unlike human officers, they cannot be held accountable, cannot understand constitutional rights, and cannot exercise discretion. This creates a clear lack of oversight and accountability for their actions.
2) Excessive Force and Eighth Amendment
Police dogs are often used to bite and injure suspects during arrests, which can constitute excessive force. This violates the Eighth Amendment's prohibition against cruel and unusual punishment. Since dogs are not subject to rules of restraint governing human officers’ use of force, their deployment can be an unregulated and unconstitutional use of force.
3) Unreliable Alerts and Officer Bias
Sniffing dogs in law enforcement raise Fourth Amendment issues, as their alerts can lead to searches without reliable evidence. Handler bias can influence a dog’s response, making alerts less objective. This creates an unfair risk of searches based on unreliable or biased indications, violating constitutional protections.
4) Greater Protection for Police Dogs Than Citizens
Police dogs are often given more legal protection than citizens. In many jurisdictions, harming or killing a police dog is a felony, with penalties harsher than those for harming a citizen. This creates unequal protection under the law, as it places a higher value on the life of a non-human animal than on that of a human being, violating the Fourteenth Amendment's equal protection guarantee, and basic human rights.
The ethics in many of their tools and tactics is... Not above reproach