我应该打破一辆车窗口,拯救一辆热门车吗?

法律答案与道德答案

在汽车后座的拳击手狗
洞穴图片/ iconica /盖蒂图像

每一个summer, people leave their dogs in hot cars — sometimes for just a few minutes, sometimes in the shade, sometimes with the windows cracked open, sometimes when it doesn't seem that hot out, and often not realizing how hot a closed car can get in those few minutes — and inevitably, the dogs die.

与人类不同,狗变得非常迅速,因为它们不会穿过皮肤。根据Matthew“Matty”Margolis—host of the PBS television series "WOOF! It's a Dog's Life"—thousands of dogs die in hot cars every year.

But what should you do if you see a dog trapped in a car on a hot day? The answer is a bit nuanced, it seems, as there's a legal solution that could take too long and a moral one that may get you in legal trouble!

What Is the Problem?

On a humid, 80-degree day the temperature inside of a closed car parked in the shade can increase to 109 degrees within 20 minutes and reach 123 degrees within 60 minutes according to the National Weather Service. If the temperature outside is over 100 degrees, the temperature inside a car parked in the sun can reach 200 degrees. A study conducted by the Animal Protection Institute showed that even with all four windows cracked, the inside of a car can达到致命的温度.

在奥马哈,内布拉斯加州的一个例子中,在95度的日子里,两只狗在停放的车里留下了35分钟。随着窗户卷起的窗户停在阳光下,车内的温度达到130度 - 一只狗幸存;另一个没有。在北卡罗来纳卡尔堡,一只狗留在一辆车里,窗户卷起两个小时,在阴凉处,当时温度达到80度的高度。狗死于中暑。

Leaving the car running with the air conditioning on is also dangerous; the car could stall, the air conditioning could break down, or the dog might put the car in gear. Furthermore, leaving a dog in the car is dangerous regardless of temperatures becausethe dog could be stolenfrom the car by people who engage in dogfighting or thieves who will then sell the dog to laboratories for animal testing.

Leaving a dog in a hot car can be prosecuted under the state's animal cruelty statute, and fourteen states explicitly prohibit leaving a dog in a hot car.

The Legal Response

除非狗处于迫在眉睫的危险之外,

洛拉·邓恩,刑事司法司法人员的司法司法律师解释说,“作为私人公民闯入车辆可能不仅可以让你处于身体危险,而且还可以将你暴露给法律责任:动物是每个管辖权的物业因此,从另一个车辆中捕捉动物可以引发盗窃,入室盗窃,闯入财产,和/或将财产费转换为其他人。

如果你到达没有认真对待这种情况的人,挂断并试着打电话给其他机构。您可以从911,当地警察,消防部门,动物控制,人文官员,当地动物收容所或当地人道社会获得帮助。

同样,如果车在停车场of a store or restaurant, write down the牌照并要求经理为该人追溯到他们的车的公告。

打破车窗是一个好的解决方案吗?

但是,如果狗似乎是立即危险的话,道德选择可能是为了保存它。首先评估汽车中的狗是否正在表现出热风中风的迹象 - 这具有症状,包括过度气喘吁吁,癫痫发作,血淋淋的腹泻,血腥呕吐和昏迷 - 如果是的话,您可能需要闯入车辆以挽救狗的生活。

In September of 2013, passersby debated what to do about a dog in a hot car in Syracuse, New York. Just as one of them decided to smash the car window open with a rock, the owner came back and took the dog out of the car, but it was too late. There is no doubt that there will be situations where breaking into a car will save a dog's life, but breaking into a car is an illegal, criminal act and would expose you to civil liability if the owner decides to sue you for damaging their car.

When asked about smashing car windows to save a dog, Chief David B. Darrin of the Spencer, Massachusetts police department warns, "You could be charged with malicious destruction of property." Leicester Police Chief James Hurley states, "We don't advise people to smash windows."

In Albuquerque, New Mexico, the police asked Claire "Cissy" King if she wanted to press charges against the woman who broke into her hot car to save her dog. In that case, Suzanne Jones waited 40 minutes for authorities to arrive before she smashed the car window open. King was grateful for Jones' actions and did not press charges.

Sadly, not every car owner will be grateful and some may decide to press charges or sue you for damages. For every person who would break a window to save a dog, there is someone who thinks her dog would have been just fine and wants you to mind your own business. You will have been morally right in saving the dog's life, but others don't always look at it that way.

我真的被起诉吗?

似乎不太可能,虽然不是不可能的。Onondaga县(纽约)区威廉·菲茨帕特里克告诉syracuse.com.“我们在世界上绝对没有办法,我们会起诉某人试图拯救动物。”马萨诸塞州的几个律师告诉电报和公报他们看不到合理的区域律师起诉这样的案件。

A search of the internet and a search of legal databases turned up no cases where someone was prosecuted for breaking into a car to save a dog.

如果被起诉,人们可能会试图争辩是必要的防御,因为打破车窗是必要的,以节省狗的生命,狗是在迫在眉睫的风险, and the death of the dog would have been a greater harm than breaking the car window. Whether such an argument would succeed in this situation remains to be seen.