Drug Sniffing Dog Accuracy Update

Drug Sniffing Dog Accuracy

Guy gets 20 years when drug dog

who graduated at the bottom of his class

finds a stash

How accurate must a drug sniffing dog be?

Courts have frequently addressed drug dogs and drug dog training to evaluate whether the indication of drugs during a walk-around is sufficient to justify a complete search. One court ruled that even  though 46 percent of the time, the dog was wrong, that poses no problem to the nearly half of citizens detained and searched with no drugs found.

Cops use dogs to detect many things other than drugs. Sniffing dogs can also detect bombs, blood, and bodies. Drugs are the most profitable use of these furry friends, since forfeiture of vehicles and cash can follow a drug seizure. Dogs can be trained to detect methamphetamine, marijuana, cocaine, heroin, and ecstasy.  The dog sniff can provide probable cause to search a vehicle, property, a home or arrest a person. Some Judges have expressed concern, but convictions are supported even where, "overall accuracy rate in the field (i.e., the number of times he alerts and his human handler finds drugs) is not much better than a coin flip (59.5%)." US v Bentley, No. 10-10108-001 (7th Cir 2015). 

See this link for the court's complete opinion: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D07-28/C:13-2995:J:Wood:aut:T:fnOp:N:1594846:S:0

How do they grade a drug dog, drug sniffing dogs, in drug sniffing dog training, and drug dog accuracy, at the Canine Training Institute?

Drug dog success rates in training and on the streets are available. Most agencies maintain training logs and search logs reflecting the accuracy of anti drug dogs. The dog does not need to graduate at the top of the class to hit the streets of America. Even where a dog trained by the Canine Training Institute (CTI) is merely a "lucky dog" with a less than perfect accuracy rate, police continue to use the animals. Dog trainers at CTI  do not calculate class rank and a dog in Illinois, who would have been at the bottom of his class (if the Institute had rated performance) has been supported by both law enforcement officers, prosecutors, trial courts, and federal appeals courts. Police drug dogs continue to be the subject of both state and federal court review.  The training and testing consists of "simulated vehicle searches. . . . . [With rewards] every time the dog alerts in the field. Presumably the dog knows he will get a “giftee” (a rubber hose stuffed with a sock) every time he alerts."

How does the United States Supreme Court rule on Drug detection dogs?

The United States Supreme Court’s decision is Florida v. Harris, 133 S. Ct. 1050 (2013). That case overruled Florida's checklist for reviewing canine search accuracy claims by defendants. A summary of the Harris case in the Florida Supreme Court is here: http://www.drug2go.com/2012/03/drug-defense-attorney-drug-dog-sniffs.html . 

In that case, the Florida Supreme Court noted, "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 standard appears to be, "evidence of a dog’s satisfactory performance in a certification or training program can itself provide sufficient reason to trust his alert." Harris, 133 S. Ct. at 1057

What happened to a Florida Drug Sniffing Dog Search in the United States Supreme Court drug dog Case?

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. " In the Florida case the dog had been trained to detect "methamphetamine, marijuana, cocaine, heroin, and ecstasy).

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

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