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if a FEMA dog or federal search and rescue...

Resolved • Response time 1 minute

28 Jun 2022

if a FEMA dog or federal search and rescue dog comes onto your property and threatens your children are you allowed to defend yourself
JA: I just need to ask a few clarifying questions so that the Lawyer doesn't miss anything. To start, what state are you in? It matters because laws vary by location.
Customer: New Hamsphire
JA: Do they have any court dates or documents relevant to this situation?
Customer: Now the dogs owner said it was a federal dog and that the dog can go any where it wants even on private property
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no thanks
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28 Jun 2022

Ask your own question
Lawyer's response
28 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • I will respond as quickly as I can, but there may be an occasional delay. With that said...

Why was the dog on your property?

28 Jun 2022
Customer reply
28 Jun 2022
It came loose from there property and thenhas been wondering in and scaring our kids. Then the owner told me it was a federal search and rescue dog and we have no rights to defend ourselves if it comes onto our property.
28 Jun 2022
Lawyer's response
28 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok, thanks! Did you injure the dog in some way?

28 Jun 2022
Customer reply
28 Jun 2022
no we just made loud noises to get him to leave
28 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok, thanks! So this person is saying this is some federal search and rescue dog? Do they have any proof of that?

29 Jun 2022
Customer reply
29 Jun 2022
She read his dog tags but I did not go close because she said if in any any way the dog gets hurt we would get in trouble.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what your rights are here, correct?

29 Jun 2022
Customer reply
29 Jun 2022
I am a dog lover and in no way want any harm to come to him. I just want to know if we can keep the dog off our property and protect our kids
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

29 Jun 2022
Customer reply
29 Jun 2022
no that is it thank you
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Got it! I just need a little time to do some research and draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long!

29 Jun 2022
Customer reply
29 Jun 2022
okay thanks
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

You bet! I'll be with you ASAP!

29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

I'm so sorry to hear about your situation!

So whether the dog is a "FEMA" dog or a search dog doesn't matter. By law, they can't enter your property.

Here is what you can tell the dog's owner:

This appears to be a trespass to land. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

You may want to consider just writing a formal demand letter that they remove themselves or their items from the land. There’s a site that I’ve used in the past where you can find templates for various legal issues, including a demand letter (click the link - https://www.etsy.com/listing/674752957/demand-letter?ga_order=most_relevant&ga_search_type=all&ga_view_type=gallery&ga_search_query=demand+letter&ref=sr_gallery-1-1 Lawyers use letters like these often to enforce their client’s rights. It only costs $12 and it is about 90% cheaper than hiring an attorney to do it.

29 Jun 2022
Customer reply
29 Jun 2022
Okay thank you one last question if the dog bites my child can I physically remove the dog defending my child
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Oh of course. You can take whatever reasonable measures are necessary.

29 Jun 2022
Customer reply
29 Jun 2022
Even if it is a supposed federal FEMA dog which I believe means it will only be active if it was in a FEMA emergency.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Correct! It being a "FEMA" dog is not relevant to this equation! :)

29 Jun 2022
Customer reply
29 Jun 2022
okay now even though fema dogs are emploed by the Federal Government that does not mean they are designated a "federal Agent" correct
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Correct! Plus,  federal agents can't trespass on your land anyway. Plus, if it's a FEMA dog, it's generally there (allegedly) to help with disasters, not to come onto your land and bite your family.

Did you have any other questions for me about this? Was there anything else I can clarify for you?

29 Jun 2022
Customer reply
29 Jun 2022
No that is it thank you
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

You can always request me, too. Once you log back in, you can request me @LegalEagle
In the meantime:
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  • Tips of course are never required, but always appreciated.

Customer rating:
Legal Eagle
Legal Eagle
Attorney
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29 Jun 2022
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