Facts

Two San Leandro Police Dept. officers responded to a 911 call on May 24, 2009, reporting a woman who was turning blue from a drug overdose at a private residence. The two officers called for back up after they were refused entry and about 10 officers arrived at the scene, after which they gained entry to the house from a side door. When entering the house, the officers encountered two men, and at some point, a pit bull mix charged at officer Daniel Sellers, causing him to shoot the canine. The dog died from the injury.

Barbara Silva, the dog's owner, filed suit against Sellers, alleging illegal seizure and destruction of her property.

PLAINTIFFS' CONTENTION: Silva contended there was no emergency situation justifying Sellers entry into the private residence and that the 911 call was a prank. Silva also alleged that even if the officers were justified in entering the house, the manner in which they did was unreasonable by entering without warning, and that they should have requested the dog be secured before entering the house.

DEFENDANTS' CONTENTIONS:
Sellers contended that the officers were responding to a 911 call and believed someone's life was in danger when entering the house, making the entry both reasonable and appropriate. Sellers further contended that the people inside the house failed to cooperate with the officers or let them in, and that they did not hear barking before entering the house.

Result

The jury rendered a verdict for the defense.

Deliberation

two hours

Poll

8-0

Length

three days