SCOTUS holds narcotic dogs can provide cause to search vehicle

Florida v. Harris brought the question of narcotic dogs providing probable cause to search automobiles to the Supreme Court.

2013-04-18

April 18, 2013 (Press-News.org) SCOTUS holds narcotic dogs can provide cause to search vehicle

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The Supreme Court of the United States, or SCOTUS, recently reviewed a case involving the use of a drug sniffing dog. The case, out of Florida, focused specifically on whether a narcotic dog's alert can be used to provide probable cause for the search of a vehicle. The answer: yes.

The case, Florida v. Harris, looked more specifically into what factors were needed to establish the reliability of a narcotics dog. In addition to impacting this specific case, the holding issued by SCOTUS could have ramifications for drug chargesacross the country, including California.

More on Florida v. Harris

The case began when a law enforcement officer pulled over a vehicle for an expired license. During the stop, the officer noticed the driver appeared nervous and had a beer can in the front cup holder. The officer requested to search the vehicle, and the driver refused.

The officer was part of the canine unit and had his narcotics dog, Aldo, with him. He brought the dog out to conduct a "free air sniff." During this sniff, the dog alerted at the driver's door handle. The alert signaled to the officer that the car likely contained illegal substances. The officer used the alert to provide probable cause needed to conduct a search without permission. The search resulted in finding materials used to manufacture methamphetamine.

The driver argued the dog was unreliable based on previous false positive alerts. Ultimately, the Supreme Court found that previous false tests were not sufficient to question a narcotic dog's reliability. Instead, the court ruled "a sniff is up to snuff" when the dog is properly certified.

Implications for California searches

It is important to note that the Justices emphasized those charged with crimes based on evidence resulting from the use of a narcotics dog are allowed to question the dog's training. Proper certification and training is the key to allowing evidence found from these searches into the courtroom.

Evidence is allowed in court only if it is properly obtained. If the dog is not properly certified, any evidence resulting from a search conducted because of the dog's alert will likely be thrown out.

Drug charges are serious and can result in fines and imprisonment. If you or a loved one is charged with a drug crime, it is important to contact an experienced drug crime attorney to discuss your situation and better ensure your legal rights are protected.

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