Drug Dog Sniffs - Bo the Dog Busts his Owner

Drug Dog Sniffs

"evidence of a drug-sniffing dog’s satisfactory performance in a certification or training program, the dog’s alert can provide probable cause to search a vehicle."

Drug Dog Search Update - Breaking news that an unwitting dog helped police bust his owner. The cops were chasing a drug suspect who hid in tall grass. The narcs had noticed the suspect had a dog. For those playing along at home, the dog's name was Bo. Anyhow, when confronted by the police, the man and his faithful companion hit the road. The dog followed his owner. The police lost the track. They noticed the dog was standing nearby. They said, "go get him." That is what Bo the dog did. His owner was found hiding nearby. Good dog? 

2015 Updated Source: http://www.cnn.com/2014/11/01/us/alabama-dog-drug-bust/
Source: http://abcnews.go.com/Weird/wireStory/mans-dog-helps-police-bust-drug-charge-26559491

Also in an update the state of the case law discussed below: One legal source summarized the result of the Supreme Court review of dog sniffs. "When, subject to challenge by the defendant, the police provide evidence of a drug-sniffing dog’s satisfactory performance in a certification or training program, the dog’s alert can provide probable cause to search a vehicle."

Source: http://www.scotusblog.com/case-files/cases/florida-v-harris/

Tampa Drug Defense Attorney has received an interesting comment on Drug Sniffing Dogs from one of our anonymous sources.

I post the anonymous comment it in its entirety:

"The dog lovers at the United States Supreme Court have once more dissed the dog haters at the Florida Supreme Court (I'm a cat person myself). You may recall that in January the SCOTUS granted cert in Florida v. Jardines, No. 11-564, to decide the question whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause. Starring in Jardines is a drug-sniffing dog named Franky." 

"Today, not content with one Florida drug-sniffing dog case per term, the SCOTUS granted cert in Florida v. Harris, No. 11-817, another drug-sniffing dog case. I am not sure of the exact question presented, but I do know the name of the dog -- Aldo.   In any event, the holding of the Florida Supreme Court to be reviewed is as follows:"

"We hold the fact that a drug-detection dog has been trained and certified to detect narcotics, standing alone, is not sufficient to demonstrate the reliability of the dog. To demonstrate that an officer has a reasonable basis for believing that an alert by a drug-detection dog is sufficiently reliable to provide probable cause to search, the State must present evidence of the dog's training and certification records, an explanation of the meaning of the particular training and certification, field performance records (including any unverified alerts), and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog's reliability. The trial court must then assess the reliability of the dog's alert as a basis for probable cause to search the vehicle based on a totality of the circumstances. Because in this case the totality of the circumstances does not support a probable cause determination, the trial court should have granted the motion to suppress. We remand for proceedings consistent with this opinion." 

 Harris v. State, 71 So.3d 756, 775 (Fla. 2011).

UPDATED 2015

The United States Supreme Court overruled Florida and found that, "Such inaccuracies do not taint records of a dog’s performance in standard training and certification settings, making that performance a better measure of a dog’s reliability. Field records may sometimes be relevant, but the court should evaluate all the evidence and should not prescribe an inflexible set of requirements. "

Here is the Ruling in the US Supreme Court on Drug Sniffing Dogs: http://www.supremecourt.gov/opinions/12pdf/11-817_5if6.pdf

More on the status of Drug Sniffing Dogs in Court is here:

Drug Dog Accuracy Update

 Drug Dog Sniff Questions? Call Casey at 813-222-2220

Drug Dogs Under Attack in Florida

Search and Seizure

Drug Defense Attorney notes another ruling on Drug Dogs and Sniffs and Vehicles. The Supreme Court bounced charges against a vehicle occupant facing drug charges. Drug Dogs and their handlers are under Attack in Florida again. This case involved a vehicle search where the dog sniffed the door handle of the car, alerted for a drug, and then it became clear that the dog was not even trained for the drug that the cops found in the vehicle.

The Florida Supreme Court ruled in a 44 page ruling that the State must establish probable cause to search interior of vehicle when using a drug-detection dog. The State must demonstrate that the cops had reasonable basis for believing the dog to be reliable. We recently wrote about drug dogs in houses. There is a difference when it comes to vehicle searches.

The Court then addressed how the State must meet that burden. They must present training and certification records, the meaning of the particular training and a certificate for that dog, field records must be introduced to show false positives, and in a recent development, there must be evidence of the experience and training of the officer handling the dog. Proof of training and certification is not enough.

Drug Defense Attorney Lawyer Casey Ebsary has posted the complete Dog Sniff opinion here on Drug2Go.com

Today the Florida Supreme Court held: "We hold the fact that a drug-detection dog has been trained and certified to detect narcotics, standing alone, is not sufficient to demonstrate the reliability of the dog. To demonstrate that an officer has a reasonable basis for believing that an alert by a drug-detection dog is sufficiently reliable to provide probable cause to search, the State must present evidence of the dog‘s training and certification records, an explanation of the meaning of the particular training and certification, field performance records (including any unverified alerts), and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog‘s reliability. The trial court must then assess the reliability of the dog‘s alert as a basis for probable cause to search the vehicle based on a totality of the circumstances."

Drug Dog in Your Case? Call Me Toll Free 1-877-793-9290 .


Source: 36 Fla. L. Weekly S163a

Drug Dogs | Florida Tosses Search

Drug Dog Sniff Snuffed

Drug Charge Defense Attorney notes that Drug Dog Sniffs can be both a Search and an illegal seizure. The Florida Supreme Court just ruled on a Dog sniff at a residence. The case involved a Sniff test by a drug detection dog conducted at the front door of a private residence. The court ruled this is a search under the Fourth Amendment. Law enforcement must have probable cause rather than reasonable suspicion like courts have ruled in non-residential (car) cases.

Case Excerpt: "First, the dog “sniff test” that was conducted in the present case was an intrusive procedure. As explained more fully below, the “sniff test” was a sophisticated undertaking that was the end result of a sustained and coordinated effort by various law enforcement agencies. On the scene, the procedure involved multiple police vehicles, multiple law enforcement personnel, including narcotics detectives and other officers, and an experienced dog handler and trained drug detection dog engaged in a vigorous search effort on the front porch of the residence. Tactical law enforcement personnel from various government agencies, both state and federal, were on the scene for surveillance and backup purposes. The entire on-the-scene government activity—i.e., the preparation for the “sniff test,” the test itself, and the aftermath, which culminated in the full-blown search of Jardines‟ home—lasted for hours. The “sniff test” apparently took place in plain view of the general public."

The complete opinion is free here from Drug2Go.com.

Source: 36 Fla. L. Weekly S147a

Drug Dogs Search and Seizure

Drug Dogs | Search and Seizure | Traffic Stops

Drug Dogs and Traffic Stops

Drug Defense Attorney, Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. has been researching drug dogs, drug dog sniffs, and traffic stops. One court recently made an interesting ruling that threw out cocaine seized after an extended traffic stop and subsequent drug dog sniff. Let's take a look at the decision.

The court became concerned after evidence of a prolonged delay after a traffic stop for speeding. The citation was written, but the cop held the driver for a drug dog to arrive. A Motion to Suppress cocaine was filed and denied by the trial court. The Appeals court reversed the decision finding that a drug dog alerted on the vehicle after the officer had detained defendant for almost thirty minutes before issuing citation. The court also found the search began after the traffic citation was issued and the purpose of the traffic stop was completed.

The law requires that without an ''articulable suspicion of criminal activity'' the time taken to issue a traffic citation can last no longer than necessary to make required license and registration checks and write a citation.  A completed traffic stop cannot be delayed or extended to set up and conduct a drug dog sniff search. The delay cannot even be de minimus, a fancy legal term for small or short.

Source: 35 Fla. L. Weekly D915a

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Drug Dogs - Search and Seizure - Traffic Stops