Police attack-dog mauls man during warrantless search of private property

LIVINGSTON, MT — A kitchen manager visiting his place of work after hours was mauled by a police attack dog, which was released into the property with the purpose of seeking out and attacking anyone it found. Police defend the actions of the dog, saying “He did what he was supposed to do.”

Mark Demaline manages the kitchen of Park Place Tavern in Livingston, and on August 22, was visiting the business at 2:00 AM, which he often does, to eat before going home. His routine visits are brief, as he makes a quick salad, grabs his laptop, and leaves. He does not lock the door while in the tavern, reported the Livingston Enterprise.

Unbeknownst to Demaline, police had decided to perform a “standard downtown security check,” which involves entering a private business without probable cause or a warrant, snooping around inside and releasing an attack dog to sniff out intruders, without permission from the owner.

Mark had prepared himself a take-home salad and prepared to exit the building, with food and drink in hand. A strange black dog approached him.

Being a dog lover, Demaline greeted the dog, “Hey puppy.” The dog lunged at him and sank its teeth into his leg, gnawing his flesh with repeated bites. Mark dropped everything and began screaming and trying to restrain the attack dog.

Just then two Livingston police officers appeared. The K9 handler, Officer Andrew Emanuel, took control of the dog. Demaline was cuffed and dragged him outside for an interrogation. A phone call confirmed he had permission to be in the building, unlike the police officers and their violent dog.
“There was no mauling or ferocious attack. The dog was just doing as he was trained to do under the circumstances.”

The property owner was quite upset that he was not called first. “I’ve been in the phone book for 40 years,” said Glenn Godward, incensed that his cook was mauled and his business was intruded upon.

The police chief staunchly defended the warrantless search, as well as the use of the dog. He claimed that police can enter any private property if it is unlocked. Nothing that happened was out of line, according to the chief.

“It’s acceptable for the dog to confront anybody in the business at that hour,” Police Chief Darren Raney said.

“The dog, sent in as a search tool, does a better job finding and apprehending a suspect than an officer,” Raney continued. “Anyone caught trespassing or unlawfully in a business after hours will be apprehended or questioned to determine whether they are there lawfully. That is what police do.”



“When the dog finds somebody in the building, he’s going to secure him, and that’s what happened,” he added. “He did what he was supposed to do.”

Chief Raney — who credits “aggressive, proactive patrols” for the city’s low crime rate — flatly denied the severity of the incident: “There was no mauling or ferocious attack. The dog was just doing as he was trained to do under the circumstances.”

Demaline responded by posting a video of the gory wounds that encompassed his upper thigh.

“It’s just way out of line — the excessive force of this dog,” Demaline said.

The police offered no sympathies or apologies to the victim. Demaline said that Officer Emanuel told him that he should have been thanking him for saving him the cost of an ambulance, after driving him to the hospital in his patrol car.

The cook had to miss a week of work, and incurred hospitalization bills and many personal inconveniences.

FOLLOW-UP: After receiving national attention, the department agreed to call proprietors first before barging into private property during their prided “aggressive security checks.” However, the policy change amounts to a removal of a practice that should have never existed in the first place, and does nothing to restore the victim or punish the irresponsible parties.

Months after the attack, Officer Andrew Emanuel and Attack K9 “Bobi” are still in actively service, the official website confirms.

If you would like to give feedback to the Livingston Police Department on their use of warrantless searches, indiscriminate use of force, and their callous treatment of their victim after the attack, please contact them at the number below.

Livingston Police Department
414 E Callender Street
Livingston, Mt 59047

Phone: (406) 823-6026
More contact info: http://www.livingstonmontana.org/