Unjustified use of police dog – IPCA

The incident happened on August 3 last year. File photo/SunLive.

The Independent Police Conduct Authority has found that police were not justified in using a police dog to detain one of two youths arrested on August 3 last year.

A dog handler spotted a car known to have been stolen and requested to pursue it.

The pursuit was not authorised, but other attending officers located the car abandoned a short distance away, says the IPCA's ruling, which was released this week.

They called the dog handler to track the youths from the car while other police staff formed cordons around the area to block potential escape routes.

When the dog handler found the two youths, she warned them twice that she was a police dog handler and could let her dog go, says the IPCA.

When they did not stop, she released her dog which bit one of them.

The other youth was challenged again by the dog handler and came back without incident. The youth who was bitten was taken to hospital to receive treatment. That youth also said that when the officer arrested him, she used her boot on his face and swore at him.

The Authority found that the use of force when the dog was released and bit the youth was not justified because the use of the dog to detain the youth was not proportionate to the seriousness of stealing and abandoning a car (which was recovered) in circumstances when Police had the area cordoned to prevent escape.

'It was appropriate for Officer A to track the offenders to identify their location so as to apprehend them for the offence of unlawfully taking a motor vehicle,” says authority chair Judge Colin Doherty.

'However, the decision to release the police dog, with the inevitable consequence that one of the offenders was bitten, was disproportionate.”

The authority also found that the officer did not have any contact with the driver's face, however, she likely used derogatory language during the arrest.

Police have acknowledged the findings of the IPCA, says assistance commissioner Richard Chambers.

'In August 2021, a police dog assisted with the apprehension of a young person following a fleeing driver incident involving a stolen vehicle.

'The stolen vehicle was abandoned so police staff, including a dog handler deployed to the area in an effort to locate those responsible.

The young person was located but ignored repeated requests by the handler to surrender and continued to run from police, says Richard.

A police dog was deployed, resulting in the arrest of the young person.

The IPCA found the use of a police dog was unjustified.

'Police acknowledge the finding, however disagree with the authority's assessment of the overall situation.

'The handler considered the circumstances and risks prior to making the decision to deploy the Police dog, including the likelihood of the persons not being held accountable for their criminal behaviour and the likelihood they would reoffend.

'Those involved were given ample opportunity to surrender after being challenged by police and failed to do so.

'The young persons were in a stolen vehicle, had failed to stop and were driving dangerously, creating considerable risk to the public,” says Richard.

'Police believe the dog handler was justified in deploying the police dog given the circumstances.

'The IPCA's report also found the dog handler likely used derogatory language towards one of the young people, which police accept.

'For privacy reasons, police are unable to comment further on where the incident occurred.”

11 comments

Use of Police dog.

Posted on 24-08-2022 12:07 | By tia

Isn't it quite simple. Do as requested by Police and you won't get "introduced" to the dog.


And we wonder why.....

Posted on 24-08-2022 12:14 | By The Professor

.....NZ is becoming so rife in crime. I really don't see the issue with releasing the Police dog here. The youth was not following simple instructions so the Officer had no choice. As for the release not being proportionate to the crime....it absolutely was proportionate.....ask the owner of the stolen vehicle who has probably worked hard for it. NZ is getting softer and softer by the day. Hope the dog is okay and didn't catch some sort of disease from bitting scum.


Too Weak on Offenders

Posted on 24-08-2022 12:31 | By Yadick

He was told to stay put and what the consequences would be. He then challenged it and payed the price. If the was my Son (God forbid) I would say good on the Officer, well done Rover and tough luck Son, lesson learnt. This weakness on criminal activity and blatantly soft courts is why we find ourselves in such escalating crime. They know they're going to get off scott free or a wet bus ticket.


Naughty Naughty

Posted on 24-08-2022 12:41 | By Kotanga

I hope the poor dog got checked out. It may have caught Rabies from biting this poor hard done by criminal.


You are kidding?

Posted on 24-08-2022 12:59 | By Tga Citizen

What a waste of time and space the IPCA is. It would be interesting to find out if the offenders have continued on the path of crime, or now they have had real consequences of their actions, they have chosen a different path. I think most victims, of car theft or any crime, would be more than happy if they offenders were caught with or without the assistance of the canine unit. Well done the cops, shame you get no support from the people that have never been on the front line.


What next

Posted on 24-08-2022 13:03 | By usandthem

No wonder the crime rate among youth is so out of control when the cops don't even get support from the ipca.Won't be surprised if they banned police dogs because they might bite little Johny,poor we thing.


Rediculas

Posted on 24-08-2022 13:38 | By terry hall

Ipca a waste of time poor boy bit he asked for it


Dogs & Police...

Posted on 24-08-2022 13:41 | By morepork

... both do a great job. People with no respect for authority, who are told to be still, should recognize there will be consequences if they aren't. The officer assessed the situation and made a call. It was a good call and led to the arrest of the perpetrators. She should be commended, not have her record marked. And why were the IPC so dismissive of car theft as being trivial and not warranting stern measures? If it was my car, I'd want her boot up his bum, never mind his face. This is a disappointing result in that it demotivates Police, who were obviously doing their job.


ridiculous outcome

Posted on 24-08-2022 14:34 | By jean walters

NZ is becoming weaker every day with stupid results like this. The IPCA should be ashamed of themselves with such a outcome. The police are trying to do their job and do it well and in order to do it as well as they can they need support not stupid, inappropriate outcomes like this. At least the public support them even if IPCA doesnt. These same kids are probably going to be involved in ram raids or worse, and will still not even get a slap on the hands for it or learn lessons in consequences. Violence is getting out of hand.


You do the crime?

Posted on 24-08-2022 14:53 | By LHem

I, 100% agree with 'The Professor '. If you do the crime, then you sufferthe consequence! Youth crime is escalating because the courts are too soft on them. Unfortunately, they are working the system very well, they know what they can get away with due to their young age, and their parents also are aware of this. In some cases it's the family they're running for! It's a sad situation, and it's going to get worse. I say, let the dogs out!!


Gone To The Dogs

Posted on 25-08-2022 07:26 | By Thats Nice

What actually is the purpose of even having dogs in the Police Force? If they can't be used for the above situation then when exactly can they be used? This is absurd from the IPCA. Looks more like a job well done and quite possibly a damn good deterrent.


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