{"id":63349,"date":"2026-02-28T08:57:12","date_gmt":"2026-02-28T13:57:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63349"},"modified":"2026-02-28T08:57:40","modified_gmt":"2026-02-28T13:57:40","slug":"ca8-duty-to-warn-of-use-of-police-dog-was-clearly-established","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63349","title":{"rendered":"CA8: Duty to warn of use of police dog was clearly established"},"content":{"rendered":"\n

Officers sicced a police dog on plaintiff who was fleeing, but without warning. Use of a police dog usually requires a warning. \u201cThe warning requirement was clearly established by the time of Cameron’s arrest. As we stated in Adams, Kuha provided \u2018fair notice\u2019 that \u2018the failure to give a warning and an opportunity to surrender violated clearly established law.\u2019 74 F.4th at 940. Defendants have failed to show that this case is an exception to that rule. Cameron has thus raised a genuine dispute of material fact whether Officer Meunsaveng violated a clearly established right by failing to warn before releasing Bero.\u201d Also, leaving the dog on him until handcuffed was reasonable here. \u201cOnce officers completed handcuffing Cameron, Officer Meunsaveng removed Bero within roughly two seconds. \u2018At most, one could argue that [Officer Meunsaveng] could have called the dog off a second or two sooner. But that kind of fine-sliced judgment call amid \u201ctense, uncertain, and rapidly evolving\u201d circumstances just isn’t the stuff of a Fourth Amendment violation.\u2019 See Ashford v. Raby, 951 F.3d 798, 804 (6th Cir. 2020) (quoting Graham, 490 U.S. at 397). In total, Bero’s bite lasted roughly fifteen seconds. Given the totality of the circumstances, including \u2018the short time frame at issue,\u2019 Officer Meunsaveng acted reasonably in using Bero to hold Cameron until he was handcuffed. See Kuha, 365 F.3d at 601.\u201d Cameron v. City of Des Moines<\/a>, 2026 U.S. App. LEXIS 5692 (8th Cir. Feb. 26, 2026).<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers sicced a police dog on plaintiff who was fleeing, but without warning. Use of a police dog usually requires a warning. \u201cThe warning requirement was clearly established by the time of Cameron’s arrest. As we stated in Adams, Kuha … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52],"tags":[],"class_list":["post-63349","post","type-post","status-publish","format-standard","hentry","category-excessive-force"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63349","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63349"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63349\/revisions"}],"predecessor-version":[{"id":63351,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63349\/revisions\/63351"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63349"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}