candy open the door now or we're gonna kick it in candy Last Chance open the door I'm kicking it in can you make yourself known now candy give yourself up I'm bringing a canine in you will be bit any last chance canine is in the trailer I won't release him you will be bit never before seen footage shows my client being attacked by a police canine cops were looking to arrest her on a warrant for a probation violation she was inside this house she was scared she was hiding under some clothes the canine was used not only to search for her and Define her but to punish her by violently biting and attacking her today we filed a federal civil rights lawsuit let me show you what happened via the police body Cam and then I'll explain our constitutional protections against excessive or unnecessary use of canines by police officers all right candy open the door now or we're gonna kick it in she's gonna make me get a search [ __ ] charger construction too Oh I thought you didn't have to with Chad that's his call um you want us to kick it anything changed since I was there we know she's there confirm she's there anything so she's an ncic I mean you know I mean we know she's in there kicking it in foreign kick it can you make yourself known now let's go candy show me your hands now where's hand yet I don't know I have my ID I'm not where's candy at I have no idea I came in here don't tell me I came into the bathroom I was using the bathroom give me your idea I would just have her sit on the couch and we can candy give us give yourself up I'm bringing a canine in you will be bit when the police deploy a canine on a citizen that individual is seized within the meaning of the Fourth Amendment assuming that the seizure itself was lawful the issue is whether the seizure is unreasonable due to it being an excessive level of force the deployment itself of a police canine during the course of a seizure may be unreasonable just depending on the circumstances courts look to What's called the gram factors and that's the severity of the crime at issue whether the suspect is actively resisting or evading and most importantly whether the suspect poses an immediate safety threat to the officer or others what's up candy last chance I'm bringing canine in you will be bit Toro Marshall yes and my partner to this place candy Last Chance canine is in the trailer I won't release him you will be bit make your presence known now so basically the law of police canine uses this where canines are deployed a warning should be given along with an opportunity to surrender where possible and deploying a canine on a suspect who has already been subdued or who is surrounded or who is not actively resisting revading arrest is also going to be likely excessive force even with a warning given deploying canines on suspects who pose no immediate threat is generally going to be unreasonable canines should only be deployed where there exists some serious immediate safety threat in a tense fast-moving situation where there's some actual reason for doing so Revere okay up here and uh okay ouch here we're good sex here can't even break yourself out of there I'll pull him off you make yourself out there make yourself out of there hang out with the dogs doing that to me oh sex oh for me like that please I'm getting him just lay still the more you move the more he's gonna bite you sex oh come open please please please please please stop fighting stop fighting God I can't [ __ ] move I'm getting him no he's got a [ __ ] hell of a desk please oh I can't get out puppy puppy I can't get out please please go home oh yeah candy sticks the or else he's gonna try to get you again good boys oh boys well we knew she was in there we kicked the door in gave her plenty of warning without the dog to give up she still stayed hidden made three announcements for a canine he sniffed her out underneath the pile of clothes in between the bed and a closet last holdover drug her up out of where she was hiding at to the bed where I could see her um took me a minute to get him off of her because she kept wanting to fling around and you know how that goes um but got him off she over took her into custody uh she's got felony warrants out of probation and circuit court thank you I'm gonna kill my body repeatedly over the years the courts have held generally that the use of serious or violent Force I.E disproportionate Force while arresting or seizing an individual that has surrendered or who is not actively resisting or attempting to flee and who doesn't present a danger to others is an unreasonable excessive force violation the fourth circuit where this applies is also held that sending a police dog into a home that contained a burglary suspect without warning resulting in severe injuries to the homeowner was an excessive force violation furthermore doing so where the suspect was surrounded by police officers is itself unreasonable and excessive even where a warning was given that's from cop versus Wing fourth circuit now the seventh circuit has denied qualified immunity to a police officer where he failed to call off a police dog that was mauling a non-resisting or at least passively resisting suspect the court also denied qualified immunity to an officer who commanded a dog to attack a suspect who was already complying with order and where there were multiple backup officers present again back to the fourth circuit they cited that last case in 2017 as providing a fair warning to police officers that they will lose qualified immunity where they deploy a police dog against a suspect who is not in active flight at the time that he was discovered but rather standing still arms raised that was from Booker versus South Carolina Department of Corrections again in 2017. thanks for watching please subscribe if you want to follow along as this case gets litigated let me know in the comments your reaction to the footage if you were on a jury in this case how much money would you award this woman if anything for what happened to her or do you think that she deserved it by hiding inside this house you'll find my contact information in the description if you have information or a case that I might be interested in or if you think that I can help you in some way also if you want to contribute to the fight to end qualified immunity please donate to the institute for justice using my custom donation link that you'll find in the description again we're tracking this now so let's pump up those numbers from this audience and keep the IJ lawyers civil rights lawyers running at full speed suing the government remember freedom is scary deal with it foreign