Raiders Linebacker Ray-Ray Armstrong is reportedly under criminal investigation for taunting of a police K-9 as he ran out on to the field for the game against the Steelers at Heinz Field. It is a crime in Pennsylvania to taunt a K-9. As many of you know, I am pretty over-the-top dog lover but I seriously question the need to criminalize such an encounter in the super charged atmosphere of a football game. Once again, I fail to see why such matters cannot be handled with a simple reprimand and an apology rather than criminalize thoughtless or obnoxious behavior.
This is not the first time that we have discussed this curious crime. Indeed, this appears to be a crime that is irresistible for football players. In 2013, Florida Gater Linebacker Antonio Morrison has been suspended from the team after he was arrested for barking at a police dog.
The Allegheny County Sheriff’s Office Chief Deputy Kevin Kraus has announced that they have investigated the crime and “notified the District Attorney’s Office . . . to make a final determination relating to charges.” Sources say Armstrong lifted up his shirt, beat his chest, and started barking and yelling at the K-9 before the start of the game. The dog had to be restrained.
Sheriff’s deputy Maria Watts says her dog Bandit was taunted by Armstrong.
Here is a picture of the victim in happier times:
Here is the law at issue:
§ 5511.2. Police animals.
(a) Illegal to taunt police animals.–It shall be unlawful for any person to willfully or maliciously taunt, torment, tease, beat, kick or strike a police animal. Any person who violates any of the provisions of this subsection commits a felony of the third degree.
What is astonishing that even a “tease” or a “taunt” is a felony. I understand that Bandit may be traumatized by this encounter but it was a football game and a stupid unguarded moment. I actually believe that officers are faced with a tough problem of having to restrain dogs in such circumstances. Such stupid acts can create a real danger of an attack and in a crowded football area, that is a serious risk. So I do not blame the officer or the police for being miffed. The solution however is not to open a criminal investigation but to get the NFL and the Steelers to put Armstrong in the dog house. How about a $10,000 fine that goes to the K-9 unit with a juicy bone for Bandit?
What do you think?
A felony for this “crime”? That is more outrageous than the players action. I hate to ask what the “crime” and penalty is for taunting a cop, death? It is time for the courts to get rid of this law for its outrageous overreach. So prosecute away. If I were on the jury, I would vote jury nullification.
bam, LOL!
An administrative remedy-reprimand and fine- sounds like a much better use of taxpayer resources to me.
Stop blaming the police. New flash: the police didn’t enact this law. Some of you appear to be willfully blind to that fact. The law, as stated by JT, exists and is in full force and effect. There are valid and justifiable reasons for the enactment of this law, and the football player broke the law by his actions. The only question is how, and to what degree, he is to be punished.
bam bam – the law was there at the behest of the police. I have decided that “Ignorance of the Law is No Excuse” is B.S. How are you supposed to know this. And what constitutes taunting? Did you know that clothes items have to be on the sales floor for three months in California before they can be put on sale? I just found that out this morning because JC Penny settled an arbitration about putting clothes on sale too early. As a heads up, CA has filed against TJ Maxx, and at least 6 others.
Oops. Wrong thread. Lol! 🙂
If Reggie Bush really wanted to avoid falling onto slippery and dangerous surfaces, he would’ve stayed off of Kim Kardashian.
Taunted dogs bite. Some dogs bite more quickly than others. A K-9 Dog is a dog of a different color and I am not talking race here. The dog probably sniffed the football guy and growled because the dog smelled pot. The dog then “alerted” a cop. This, when related by the cop, should be called hearsay of the dog. But there is no exception for hearsay of the dog. Therefore, what the dog said about the pot smell on the football player cannot be related by the cop, only the dog.
Well said, Steg. Where is the clout and incentive to do something? Law students, i.e., the new generation, seem pre-occupied with money and pleasing corporate and political masters and not seeking justice.
Paul – Oh no! I may not be the hardcore freedom proponent I held myself in my mind to be. I don’t think it should be allowed to taunt or tease a police dog. The dog, while admirable, is not a human. It does not have the same capacity to reason and reserve itself. They can be trained mighty well- but they are still less than human. Therefore I am of the belief they should be offered more protection than the human cop from human PITAS.
Steg – the police have no problems shooting dogs so I do not see why they should have rights higher than the police when it comes to taunting.
Ridiculous! There should definitely be a disincentive for messing with police *whatever*, but to make it a felony?
This has the potential to lead to an all or nothing mindset. ‘Well shoot, if I just commit a felony for barking at a dog with a police jacket on, maybe I should steal that girl cops service gun and whip her with it, steal the squad car and get away. Already a felon, so, whatever.”
Lets say now this guy is a felon, found guilty of barking at a police dog. Now he cannot exercise his RKBA? “Sir, you barked at a dog. Clearly you are unfit to operate a firearm.” Madness.
All that means is that the law is purposefully escalating the encounter, regardless of the boorish person’s knowledge. Peace officers and the laws which are designed to protect them should protect by de-escalating, or equal force. Barking at the police dog should get your a$$ barked back at by the dog and the cop, and get a good chewing out. If you continue to be a PITA, citation/fine.
Since we have the right to defend ourselves with equal force as we have been attacked by, isn’t it an injustice to be attacked through laws we don’t know exist? How do we defend against what we don’t know is there?
Oh, you mean we have to hire the licensed protection racket, to interpret the law for us, and tell us what our best options are. After the fact. That doesn’t seem very just. It seems these days that ‘the process is the punishment’, and can ruin you!
To paraphrase Dr. Ferris:
“You think we want you to follow those rules? That was never the objective! Honest men can not be controlled. They need to be turned into criminals. We criminalize normal behavior so that when honest people break the law, we have something to hold over their head- to blackmail them with. It has always been about control.”
Steg – the taunting and teasing part violates our rights to free speech under the 1st Amendment.
Prof. Turley writes, “What is astonishing [is] that even a “tease” or a “taunt” is a felony.”
I agree. Is taunting someone or her livestock restrainable conduct under the First Amendment? It certainly could be considered political speech after seeing dogs used against peaceful civil rights marchers still ingrained in current cultural zeitgeist. Granted, the context is different, but the symbolism isn’t. The dog wasn’t doing anything to warrant such treatment and it’s just a game? Beating heads at full speed is just a game? A NFL player can let a dog scare him? It’s more than just a game to the fans and the players – it’s a destiny for NFL aficionados with logo tattoos on their skulls. Americans have only themselves to blame for this type of behavior because they encourage it.
I see a major embarrassment in the future for Allegheny County if it decides to prosecute under its police animal statute.
What should be prosecuted is how Oakland outplayed KordellStewartburgh, scored 35 points, and still lost.
stevegroen – since you can clearly taunt and tease a police officer under the 1st Amendment, surely you can tease and taunt a police dog under the 1st Amendment.
Paul, I think it depends on the circumstances. If the player was telling the dog in his way that if you mess with me, I’ll turn your neck 360 degrees, or something to that effect which is what I’d guess happened, I think it’s protected speech.
Please pardon this tangent. I own a Belgian Malinois that accompanies me to work every day and has for the past seven years. Police dogs are much of the time used as much for intimidation as for any other intended purpose. Anyone who knows dogs well enough knows how to survive and defeat a police dog attack. You’ll get bitten, but the dog will be at least injured or worse.
I’m sorry the officer was so offended her dog might not have been treated as she would have wanted. I’m pretty close to my dog, too, and would not have liked it. It didn’t harm the dog though, and it was her fault for not controlling her animal.
Dogs should not be used for detention, which is I’d guess why this dog was present. (If this dog were a detection dog, there wouldn’t have been an altercation.) It has the potential for and in many cases is animal abuse.
I understand the criminalization of maliciously striking or otherwise harming a K-9, but not taunting. They could clarify the law to pertain to someone who is trying to prevent a K-9 from performing its job, and who does not respond to a warning.
Going to jail for barking at a dog doesn’t sound right.
ORDER! Achtung!
Merely a signpost along the road of our devolution…
Agree with Spinelli. In my view, this is but another example of law enforcement hubris and misplaced enforcement priorities and judgments. Time to cut cop pay and make it stick.
To Allegheny County Sheriff’s Office: Keep ’em coming.
I think you are all being culturally insensitive. There is a sad history of police dogs being used on black people marching for freedom, particularly in the south. That was said mostly tongue in cheek.
I got to know a couple K-9 cops in KC when I worked for the prosecutor’s office. One guy was black, the other white. They both told me there was a distinct difference working white and black neighborhood burglaries. If there was a building w/ a suspected burglar inside, protocol was to get a K-9 unit to the scene. Prior to sending in the dog, a warning was barked out loudly, pun intended. “WE’RE SENDING IN THE DOG IN 10 SECONDS IF YOU DON’T SURRENDER!” In black neighborhoods, there was a much higher surrender rate than in white ones.
I did not know it was a felony to taunt the dog. However, I have seen them work off the leash and if anyone said to me we are sending in the dog, I am surrendering right away.
Far to many things are being criminalized that would have provoked a reprimand 20 years ago, so that this is criminalized is, sadly, not particularly surprising. Have the zero tolerance policies of schools leached into everyday life?
“According to the Sheriff’s report, Armstrong allegedly lifted his shirt, pounded on his chest, and began barking at the K-9, before heading on to the field on Sunday.”
How many people are aware taunting a police dog is a felony? There are many laws on the books I am not aware of or their penalties for violating them. If people are unaware that taunting a police dog is a criminal offense then curtly inform them of the violation and “possible” penalty for a conviction. I can see the police using that law to arrest some punk on the street that ‘might’ need to be held long enough to complete some other background work but this player, in this environment should be warned his actions are a felony and his reaction to that should determine if it should be turned over to the DA. But what do I know; IANAA.
Oops.
The first question has to be whether or not one believes that the law, as written above, is fair, sound and reasonable. If one believes that it is, then one should have no problem enforcing said law as it is written. Period. There is a public safety issue at stake. Why does this situation demand skirting the law? Is it because of some notion of no harm, no foul? Because it involves a football player at a game? Unless additional words are added, which specifically exclude football players at a football game, why make an exception? Police animals exist to perform a job, not to entertain dumb athletes.
How about leaving the police dog at home rather than putting him in a high stress situation of a professional football game? The only reason the dog was there was for show and good PR for the department. I agree that this is ridiculous.