rockin'robin
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What Should I Do if I See a Dog in a Hot Car?
Unless the dog is in imminent danger where a few minutes delay could be deadly, the first step must always be to call authorities.
.Lora Dunn, Staff Attorney at the Criminal Justice Program of the Animal Legal Defense Fund explains:
Breaking into a vehicle as a private citizen may not only put you in physical danger, but can also expose you to legal liability: Animals are property in every jurisdiction, so taking an animal from another’s vehicle could trigger theft, burglary, trespass to property, and/or conversion of property charges, among others.
If you reach someone who is not taking the situation seriously, hang up and try calling other agencies. You may be able to get help from 911, the local police, the fire department, animal control, a humane officer, a local animal shelter, or local humane society.
.Also, if the car is in the parking lot of a store or restaurant, write down the license plate and ask the manager to make an announcement for the person to go back to their car.
What if There's No Time?
Is the dog in the car exhibiting signs of heat stroke? Symptoms include excessive panting, seizures, bloody diarrhea, bloody vomiting, and stupor.
.In September of 2013, passers-by debated what to do about a dog in a hot car in Syracuse, New York. Just as one of them decided to smash the car window open with a rock, the owner came back and took the dog out of the car, but it was too late.
.There is no doubt that there will be situations where breaking into a car will save a dog's life.
What are the Legal Consequences?
Breaking into a car is an illegal, criminal act; and would also expose you to civil liability if the owner decides to sue you for damaging their car. When asked about smashing car windows to save a dog, Chief David B. Darrin of the Spencer, Massachusetts police department warns, "You could be charged with malicious destruction of property." Leicester Police Chief James Hurley states, "We don't advise people to smash windows."
.In Albuquerque, New Mexico, the police asked Claire "Cissy" King if she wanted to press charges against the woman who broke into her hot car to save her dog. In that case, Suzanne Jones waited 40 minutes for authorities to arrive before she smashed the car window open. King was grateful for Jones' actions, and did not press charges. (The criminal charges against King were dropped under the condition that she take a pet safety class.)
.Sadly, not every car owner will be grateful, and some may decide to press charges or sue you for damages. For every person who would break a window to save a dog, there is someone who thinks her dog would have been just fine and wants you to mind your own business. You will have been morally right in saving the dog's life, but others don't always look at it that way.
Would I Really be Prosecuted?
It seems unlikely, though not impossible. Onondaga County (New York) District Attorney William Fitzpatrick told Syracuse.com, "There's absolutely no way in the world we'd prosecute someone for trying to save the animal." Several attorneys in Massachusetts told the Telegram and Gazettte that they could not see a reasonable district attorney prosecuting such a case.
.A search of the internet and a search of legal databases turned up no cases where someone was prosecuted for breaking into a car to save a dog.
.If prosecuted, one could try to argue the necessity defense because breaking the car window was necessary to save the dog's life, the dog was at imminent risk, and the death of the dog would have been a much greater harm than breaking the car window. Whether such an argument would succeed in this situation remains to be seen.
http://animalrights.about.com/od/animallaw/fl/What-to-Do-About-a-Dog-in-a-Hot-Car.htm
Unless the dog is in imminent danger where a few minutes delay could be deadly, the first step must always be to call authorities.
.Lora Dunn, Staff Attorney at the Criminal Justice Program of the Animal Legal Defense Fund explains:
Breaking into a vehicle as a private citizen may not only put you in physical danger, but can also expose you to legal liability: Animals are property in every jurisdiction, so taking an animal from another’s vehicle could trigger theft, burglary, trespass to property, and/or conversion of property charges, among others.
If you reach someone who is not taking the situation seriously, hang up and try calling other agencies. You may be able to get help from 911, the local police, the fire department, animal control, a humane officer, a local animal shelter, or local humane society.
.Also, if the car is in the parking lot of a store or restaurant, write down the license plate and ask the manager to make an announcement for the person to go back to their car.
What if There's No Time?
Is the dog in the car exhibiting signs of heat stroke? Symptoms include excessive panting, seizures, bloody diarrhea, bloody vomiting, and stupor.
.In September of 2013, passers-by debated what to do about a dog in a hot car in Syracuse, New York. Just as one of them decided to smash the car window open with a rock, the owner came back and took the dog out of the car, but it was too late.
.There is no doubt that there will be situations where breaking into a car will save a dog's life.
What are the Legal Consequences?
Breaking into a car is an illegal, criminal act; and would also expose you to civil liability if the owner decides to sue you for damaging their car. When asked about smashing car windows to save a dog, Chief David B. Darrin of the Spencer, Massachusetts police department warns, "You could be charged with malicious destruction of property." Leicester Police Chief James Hurley states, "We don't advise people to smash windows."
.In Albuquerque, New Mexico, the police asked Claire "Cissy" King if she wanted to press charges against the woman who broke into her hot car to save her dog. In that case, Suzanne Jones waited 40 minutes for authorities to arrive before she smashed the car window open. King was grateful for Jones' actions, and did not press charges. (The criminal charges against King were dropped under the condition that she take a pet safety class.)
.Sadly, not every car owner will be grateful, and some may decide to press charges or sue you for damages. For every person who would break a window to save a dog, there is someone who thinks her dog would have been just fine and wants you to mind your own business. You will have been morally right in saving the dog's life, but others don't always look at it that way.
Would I Really be Prosecuted?
It seems unlikely, though not impossible. Onondaga County (New York) District Attorney William Fitzpatrick told Syracuse.com, "There's absolutely no way in the world we'd prosecute someone for trying to save the animal." Several attorneys in Massachusetts told the Telegram and Gazettte that they could not see a reasonable district attorney prosecuting such a case.
.A search of the internet and a search of legal databases turned up no cases where someone was prosecuted for breaking into a car to save a dog.
.If prosecuted, one could try to argue the necessity defense because breaking the car window was necessary to save the dog's life, the dog was at imminent risk, and the death of the dog would have been a much greater harm than breaking the car window. Whether such an argument would succeed in this situation remains to be seen.
http://animalrights.about.com/od/animallaw/fl/What-to-Do-About-a-Dog-in-a-Hot-Car.htm
