Expert: Lee Meyer - 7/12/2007

Question
For the past 3mo a guy has driven by my house about once every other week or so, trying to lour my lab out of my front yard and into his truck. My dog stays inside most of the time except a couple of hours in the morning. ( he likes to sun bath) What rights do I have to protect my dog? If it wasent for my neighbor seeing the guy get out of his truck this past fri.,and trying to put my dog in the back of his truck, he would have been gone for good. Can I call the police and let them know what this guy is doing? I cant get his tag # b/c his tail gate is allways down. What rights do I have to protect my dog?

Answer
Hi Lara,

well, your dog is YOUR dog, techincally you own him and he is your property and responsibility.  You also therefore have the right to protect him.

I certainly would call the police about this guy trying to steal your dog.  Give them a description of the truck, and the number if you can get it.  Give them the whole history of this guy, perhaps he has been stealing or trying to steal dogs form other areas as well.  A truck description will definitely help.  

I would set up a video cam system in your front window to tape your street (if you can get a long-taping system that is best, otherwise set it to tape for 6 hours and set it to record while your dog is out.  A better thing to do is to let him sunbathe in the back yard, preferably in a fenced in area that is locked.

Another thing I would do is that if you see the truck driving down your street, take a videocam and immediately start filming his truck.  Let him know you know what he's trying to do - he will understand that you know what he is trying to do by filming him.  He probably will not come around much anymore.  I would keep the tape as evidence (make a copy!) and add that to your police material to give them when you file a complaint on him.  Your neighbor will need to give a statement as well that the guy was trying to steal your dog.  

Now if you catch him taking your dog, you have every right to go after him or stop him from taking your animal.  He could be stealing it to hurt him, or kidnap him for ransom, or be an animal rights extremist.  Yoou don't know.  It is just not normal for someone to simply lure a dog into their vehicle.  That is what pedophiles do, onyl with small children and candy.  You have a right to protect yourself and your property,  and he is coming onto your property and taking/stealing not simply an inanimate object you may be able to replace, but a living, breathing animal.  A member of your family, I would imagine.  I would bet you could scare him off with a weapon such as a firearm.  I don't know if I'd advise it, and I would suggest when you talk to the police, you need to discuss with them what measures you can take to protect your dog, if the guy has him on your property and is trying to leave with him and won't voluntarily give him back or let him go.
I would think you could make a citizens arrest and hold him at gunpoint and call 911 (keep your cell phone or house handset with you) or your neighbor sitting on him until the police get there.  You can also get a neighbor to call 911 by shouting for them to call 911 about a dog thief.  If you have him at gunpoint when the police get there identify yourself as the homeowner and do what they tell you to with your gun.  Just don't point it their way and don't put it down in a place the bad guy can get to it.
I do know that if I believed anyone was coming after my animals to eat, hurt or kidnap them, I would use deadly force against them if I had to.   That's my personal position, and I won't tell you that that has to be everyone's view on it.  Our pets are family members (in addition to being 'my' owned pets) and I have come to that conclusion I will go that far to protect them.

Definitely get in touch with the police, get your neighbor in for a corroborating statement, establish that this is a pattern thing you and others have noticed, tape the street in front of your house on/aroundthe days he normally appears, and if he appears when you are around, get out there with the videocam and start taping his truck and get his license plate (make sure you have something to protect yourself if you do this).  Consider keeping your dog in the back yard, or secure him somehow from simply being picked up and driven off with.  Put up neighborhood watch signs in the windows of people's houses.

Write back anytime.

Lee