MILLER v. CLARK COUNTY

No. 02-35558.

340 F.3d 959 (2003)

James Tracey MILLER, Plaintiff-Appellant, v. CLARK COUNTY; Edward J. Bylsma, in his capacity as a police officer for Clark County and as an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2003.


Attorney(s) appearing for the Case

John R. Muenster, Muenster & Koenig, Seattle, Washington, for the plaintiff-appellant.

Dennis M. Hunter, Clark County Prosecuting Attorney's Office, Vancouver, Washington, for the defendant-appellee.

Before Arthur L. Alarcón, Ronald M. Gould, and Richard R. Clifton, Circuit Judges.


Argued and Submitted August 7, 2003 — Seattle, Washington.

OPINION

GOULD, Circuit Judge.

We consider whether a sheriff's deputy violated a criminal suspect's Fourth Amendment right to be free from unreasonable seizures by ordering a trained police dog to "bite and hold" the suspect until officers arrived on the scene less than a minute later. Because we conclude that the officer's use of the dog here did not violate the suspect's Fourth Amendments...

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