Guiding Principles for the Use of Capture Dogs within the Framework of Use-of-Force Continuum and Criminal Law

Abstract

This study seeks to promote the regulation of police dog operations as a less-lethal use-of-force instrument. Actions carried out by dogs during search and capture operations currently lack a clear legal framework that legitimizes the conduct of the ‘handler officer’ as a lawful and progressive use of force by the State.

The analysis presented sheds light on the use of canine units as State instruments, aiming to support the development of legal provisions that ensure the legitimacy of their actions. Such regulation is essential to enable state agents to perform their duties effectively, ensuring that their actions are grounded in a proper legal framework; otherwise, they risk being deemed unlawful.

Furthermore, the State does not authorize the use of lethal force as a primary measure, except in situations covered by legal justifications within the legal system. This reinforces the argument for considering police dogs as a less-lethal instrument within the use-of-force continuum.