Supreme Court Upholds Dog Search
The Supreme Court today issued its opinion in Florida v. Harris, ruling that extensive reliability evidence is not necessary for probable cause for a dog search. The opinion is here.
Justice Elena Kagan said the Florida court had gone too far, and suggested that proper training and certification of the dog — rather than how it has performed in the field — might be enough for law enforcement’s purposes.
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Essentially, the court is saying that the state does not have to produce a dog’s field performance records, including instances of false alerts, to establish reliability and defeat a motion to suppress evidence from a dog search.
Another dog sniff case, Florida v. Jardines, is still pending.
[Jardines] concerns whether police may bring a dog to someone’s home, and then use the dog’s “alert” to the presence of drugs as probable cause for getting a search warrant.
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