The Volokh Conspiracy

"The City's Police Chief and Police Dog Have Degrees from the Same Online School":

So reports a defense lawyer, according to this AP story:

The city's police chief and police dog have degrees from the same online school, according to a defense lawyer challenging the chief's authority.

The issue gives "one pause, if not paws, for concern" about what it takes to get a degree from the school, based in the Caribbean, Gene Murray wrote Monday in a motion seeking to have the dog introduced as evidence....

Dean Henry, McGuire's lawyer, said the department had the dog before [Chief] McGuire was hired.

"My client had absolutely nothing to do with any animal getting a degree from an institution of higher learning," Henry said. "The whole thing is bizarre." ...

Murray argues that a drug charge against his client should be dismissed because McGuire was not legally employed and had no authority as an officer.

McGuire, hired as chief in this northwest Ohio city a year ago, is to go on trial this month on charges of falsification and tampering with records. A special prosecutor said McGuire lied on his application and resume about his rank, position, duties, responsibilities and salary in three of his previous jobs.

City leaders have said McGuire's hiring was not influenced by his college degree, and any confusion about his background was resolved during interviews....

Thanks to Michael Barclay for the pointer.

Steve:
This came up in a different comment section the other day. How can you get a charge dismissed on the theory that the arrest was improper?
3.2.2007 4:05pm
Byomtov (mail):
Isn't it unusual to have a a pointer be a police dog?
3.2.2007 4:14pm
DaveN (mail):
We should be glad that the dog and the police chief didn't both have degrees from the same online law school.
3.2.2007 4:48pm
PersonFromPorlock:

Murray argues that a drug charge against his client should be dismissed because McGuire was not legally employed and had no authority as an officer.

Don't laugh, but isn't the precedent here the First Council of Nicea's declaring Donatism a heresy?

Well, OK, laugh a little.
3.3.2007 5:41am
markm (mail):
Doesn't a police chief's authority come from his appointment to his position, not from a degree or other credentials?
3.3.2007 5:58am
Bruce Hayden (mail) (www):
I assume that the theory is that if the police chief couldn't legally be a peace officer, or whatever they call the police there, then anything he did in office was illegal, or at least ineffective.

We have come a long way from the 19th Century when all it took was the townspeople giving someone a badge to make them the sheriff or police chief.
3.3.2007 9:26am