If a police officer or sheriff’s deputy has shot and killed your dog, you are not alone, and you are not without options. In the last two months alone, Southern California has seen two devastating, high-profile cases of police officers killing family pets during encounters that should never have turned deadly. Both cases raise the same urgent question that brings most readers to this page:
What are my legal rights when a police officer shoots my dog?
This article walks through what the law actually says about police-involved dog shootings in California, using two real, recent cases as illustrations, and explains the legal claims, evidence, and compensation available to grieving pet owners.
A Warrantless Backyard Entry and the Killing of Daisy
On May 4, 2026, a San Bernardino County Sheriff’s deputy walked into the fenced backyard of the Serna family’s home in San Bernardino while looking into a stolen vehicle that, as the department later admitted, had no connection to the property at all. The deputy had no search warrant.
Home surveillance footage shows the deputy opening the gate and entering the yard, where he was first greeted by the family’s other dog, Raven, who approached him in a friendly manner. Moments later, the family’s Rottweiler, Daisy, began barking as she approached the stranger in her own backyard. Rather than retreating through the gate immediately behind him, the deputy drew his firearm and shot Daisy at close range.
Daisy did not die instantly. Surveillance video shows her crawling away, wounded, while the deputy called additional units to the scene. Over the next half hour, multiple deputies searched the yard for the spent shell casing, and one was recorded joking about the situation while Daisy lay dying nearby. Her body was eventually removed from the property without the family’s consent and later destroyed before they could retrieve her remains. During the chaos, the family’s surviving dog, Raven, escaped through the open gate and was impounded, forcing the family to pay to get her back.
The Sheriff’s Department’s public statement described the encounter as if the deputy had simply “encountered a homeowner’s dog” while lawfully searching the property, and implied the second dog had been found “wandering in the street,” without mentioning that deputies were the ones who let her escape.
With the help of McKenzie Scott’s San Diego civil rights lawyers, the Serna family is now pursuing a tort claim against San Bernardino County stemming from the warrantless entry onto their curtilage, the unconstitutional seizure of their dog, trespass, conversion, negligence, and violations of California’s Bane Act.
We are honored to pursue Justice for Daisy on behalf of the Serna family.
Police Shooting Pets: This Is Part of a Pattern, Not an Isolated Incident
The Serna case is far from unique. Just weeks later, on June 13, 2026, Los Angeles Police Department officers responded to a Canoga Park apartment after a neighbor reported hearing a woman scream. In reality, the resident, Marie Marseille, had simply been celebrating the New York Knicks winning their first NBA championship in over fifty years with her two year old dog, Jameson, dressed in a Knicks jersey for the occasion.
When officers arrived and Marseille opened her door, Jameson barked and moved toward the officers. Within seconds, an officer opened fire, striking Jameson multiple times, including after he had already fallen. Bodycam footage released by LAPD shows Marseille was standing in or near the line of fire when shots were discharged. The family’s attorney has publicly stated that the officer escalated the encounter himself, with his weapon already drawn before the shooting began. LAPD Chief Jim McDonnell called the shooting “incredibly tragic,” and Mayor Karen Bass has since ordered a review of the department’s use of force policies as they relate to encounters with pets.
These two cases sit alongside a documented history of similar incidents across California, including a Hesperia shooting in 2016 where deputies went to the wrong home entirely, a 2023 Victorville shooting after deputies entered through an unlocked door on a hang up call, and a January 2026 incident in Hinkley where deputies tased and killed a contained dog during an eviction, despite Animal Control on scene confirming the dog was not aggressive. Read more about how police misconduct patterns like these get established and proven in civil rights litigation.
Is It Legal for Police to Enter Your Yard Without a Warrant?
Generally, no. The fenced area immediately surrounding your home, known legally as the curtilage, receives the same constitutional protection as the inside of your house. The United States Supreme Court has repeatedly affirmed that the home is “first among equals” under the Fourth Amendment, and that curtilage is treated as part of the home itself for search purposes.
This means that, absent a warrant, your consent, or a true emergency, an officer who walks into your fenced backyard has already committed a constitutional violation, regardless of what happens next. Courts have held that when an unlawful entry leads to a violent confrontation, such as the shooting of a family dog, the officer can be held responsible for that outcome as a foreseeable consequence of the illegal entry itself, even if the shooting might otherwise be argued to be justified in the moment.
Is Shooting a Family Dog Its Own Separate Violation?
Yes. Federal courts, including the Ninth Circuit Court of Appeals, have long recognized that killing a pet is a “seizure” under the Fourth Amendment, separate and apart from any issue with how officers entered the property. The Ninth Circuit has specifically rejected the argument that officer safety justifies a shooting when officers knew dogs were present and failed to develop any plan other than resorting to lethal force. Courts have also recognized that the emotional bond between a family and a dog is fundamentally different from an ordinary property interest, which matters enormously when it comes to compensation.
What Legal Claims Are Available If Police Shot Your Dog in California?
Depending on the facts of your case, a pet owner whose dog was shot by a police officer or sheriff’s deputy may be able to pursue several overlapping legal claims, including:
- A federal civil rights claim under 42 U.S.C. § 1983 for unreasonable search if officers entered your property without a warrant
- A separate § 1983 claim for unreasonable seizure based on the shooting itself
- A Monell claim against the city or county if the shooting reflects a broader pattern of inadequate training, supervision, or discipline
- Violations of California’s Bane Act, Civil Code section 52.1, which allows for actual damages, a statutory minimum of $4,000 per violation, treble damages, and recovery of attorney’s fees
- State law claims for trespass to land, trespass to chattels, conversion, and negligence
- In some cases, claims related to the unauthorized taking or destruction of your pet’s remains
Because these claims involve government employees, strict and short deadlines apply. In California, claims against a city or county generally must be filed within six months of the incident through a formal government tort claim before any lawsuit can proceed. Missing this deadline can permanently bar your case, which is why speaking with an attorney quickly matters. Our civil rights practice handles these government claim deadlines and the litigation that follows.
What Compensation Can You Recover If Police Shot Your Dog in California?
California law allows pet owners to recover for mental suffering caused by the intentional or grossly negligent killing of their animal, not just the dog’s economic value. Courts have also allowed punitive damages against officers who willfully or recklessly injure or kill a pet. Where a pet’s remains are mishandled, additional emotional distress damages may be available on a trespass to chattels theory.
In multi-person households, every family member who had a relationship with the dog may have an independent claim for their own emotional loss. California recognizes joint ownership of pets among family members, and federal courts recognize that every co-occupant of a home has an independent privacy interest in that home and its curtilage, meaning multiple family members can often each pursue their own claim arising from the same incident.
What to Do If a Police Officer Shoots Your Dog
If you are reading this because your pet was recently shot by law enforcement, the steps you take in the days that follow can significantly affect your case:
- Preserve any home security, doorbell, or surveillance footage immediately, and make backup copies before it can be overwritten or lost;
- Request your dog’s body and any veterinary or necropsy records, and document any refusal in writing;
- Photograph the scene, including bullet damage, blood, shell casings, and any signs of forced or unauthorized entry;
- Write down everything you remember as soon as possible, including what officers said and the names or badge numbers of anyone present;
- Submit a California Public Records Act request for incident reports and body worn camera footage;
- Avoid giving a recorded statement to the involved agency before speaking with an attorney;
- Contact a civil rights attorney promptly, given the short government claim deadlines described above.
Why Families Choose McKenzie Scott
McKenzie Scott PC is a San Diego civil rights firm that represents California families harmed by police misconduct, including the warrantless entry and shooting described in the Serna case above.
The firm’s attorneys have secured what was, at the time, the largest excessive force verdict in American history ($85 million in K.J.P. v. San Diego) and the largest wrongful death settlement paid by the County in San Diego County’s history ($16 million in the Hayden Schuck case). Our San Diego police misconduct lawyers understand both the constitutional law governing police entries and seizures and the California tort law that allows pet owners to recover for the loss of a beloved family member.
If a police officer or sheriff’s deputy shot your dog, entered your property without a warrant, or mishandled your pet’s remains, we want to hear what happened. Contact McKenize Scott’s San Diego civil rights lawyers today to learn more about our police misconduct and civil rights practice areas. Our team provides free, confidential case evaluations by submitting an online form or calling (619) 794-0451.
Frequently Asked Questions About Police-Involved Dog Shootings
Can police legally shoot a dog on my own property?
Not in most circumstances. If officers entered your fenced yard or curtilage without a warrant, consent, or a genuine emergency, the entry itself is generally unlawful, and the shooting of your dog may be a separate, independent constitutional violation.
Do I need to file a government claim first, or can I just sue immediately for my dog being shot?
Before suing a city or county in California, you must first file a formal government tort claim, generally within six months of the incident. An attorney can prepare and file this claim correctly and within the deadline.
How much is my dog worth in a lawsuit against police?
California law allows recovery beyond your dog’s market or replacement value, including damages for emotional distress caused by witnessing or learning about your pet’s death, and in some cases punitive damages against the officer involved.
What if more than one family member loved the dog that was killed?
Each family member with a recognized ownership or household interest in the pet may be able to pursue their own individual emotional distress claim arising from the same incident.
What if the police department refuses to release body camera footage?
You can submit a California Public Records Act request, and an attorney can pursue additional legal avenues to obtain footage and other evidence if the agency continues to withhold it.
Is it too late to do anything if it already happened weeks ago?
Time matters, but it is often not too late. California’s government claim deadlines are short, generally six months, which makes it important to speak with a civil rights attorney as soon as possible rather than waiting. Federal claims also have a two-year statute of limitations. Either way, time is of the essence before important evidence goes missing or is destroyed.
