
Practice Tips
- Items to request in discovery:
- All documents relating to the canine searches conducted in the case, including but not limited to police reports, case reports, notes, photographs, and videos
- All documents relating to the training and certification of the dog/handler team, including but not limited to current resumes, maintenance training records, veterinary records, results of proficiency assessments, testing and field logs, videos or video files of dog and handler’s training exercises, handler’s logs, score sheets, list of items the dog has been trained to alert on, the dog’s method for alerting, and certification records
- All documents relating to the results of canine searches conducted by the dogs involved in the case, including but not limited to deployment/utilization logs, confirmed case results, number of false alerts, and seizure logs
- All standards, protocols, guidelines and training materials utilized by the canine search units involved in the investigation of the case.
Reports and Publications
- Organization of Scientific Area Committees for Forensic Evidence (OSAC) is developing documentary standards for each forensic discipline. Standards under consideration as well as approved standards are available in the OSAC Registry.
The AAFS Standards Board develops documentary standards for forensics through a consensus process, involving participation by all directly and materially affected persons. Standards are being developed for each forensic discipline. The standards that have been published are available on the ASB website.
ANSI/ASB Standard 088, First Edition 2020
Guidelines for detector dog training, procedures, and care. Failure of a dog/handler team to implement these national-level guidelines may be a source of cross examination.
Lisa Lit etal, 14:3 Anim Cogn 387(2011) – researchers evaluated eighteen drug and/or explosive detection dog/handler teams to determine how human beliefs affect detector dog outcomes.
Richard E. Myers II, 14 Geo. Mason L. Rev. 1 (2006) – argues that an alert by even a well-trained dog with an exceptional track record cannot by itself constitute probable cause to search. Includes a statistical analysis of the value of dog alerts and suggestions for improved use of detector dogs.
From the Blog
- New Standard for Detection Dogs, 3/4/2020The AAFS Standards Board has issued the General Guidelines for Training, Certification, and Documentation of Canine Detection Disciplines. The new standard contains requirements for the development of training of canine handlers and canines. It also details the canine team assessments and the basis for certification procedures including record keeping and document management. The AAFS Standards …
- After its decriminalization at the federal level, states have begun implementing programs to oversee the production, manufacture, and distribution of hemp products. Some North Carolina farmers have been participating in a pilot program which allows the legal production of industrial hemp. Since hemp’s legalization, North Carolina faces several areas of uncertainty in enforcement of marijuana …
- Dogs – 1, Defendants – 1, 3/26/2013Today, the U.S. Supreme Court decided the second of two dog sniff cases before it this term. In Florida v. Jardines, the Court held that taking a drug-sniffing dog on the front porch of a house is a search for purposes of the Fourth Amendment. The Court held that the front porch is within the …
- SCOTUS to Decide on Dog Sniffs and Privacy, 10/30/2012The U.S. Supreme Court is scheduled to hear two Florida cases at the end of October regarding dog sniffs and the Fourth Amendment. The Florida Supreme Court ruled in Florida v. Jardines that taking a drug detection dog to the front porch of a home to sniff for marijuana violated the Fourth Amendment. They held …
Trainings
This training contains recommendations about what records to request and areas of cross examination. Contains a transcript of an interview of a dog handler.
Outline of LeAnn Melton’s 2007 Public Defender Conference training addresses case law, discovery requests, and potential areas for cross examination of dog handlers.
Websites
Law and Technology Resources for Legal Professionals comprehensive compilation of online publications, research, resources and standards on canine detection evidence.
K-9 trainer and detection team certification program that is a joint project of the International Forensic Science Research Institute, the National Forensic Science Technology Center, the Florida Highway Patrol Contraband Interdiction Program and the Florida Department of Law Enforcement
Website contains certification requirements for dogs and handlers.
A partnership of local, state, federal and international agencies working to establish best practices for use of detection dogs. Funded by the National Institute of Justice, the Federal Bureau of Investigation, and the Transportation Security Administration. See the Approved Guidelines section of the website for training requirements.
The Dogs and Sensors Subcommittee of OSAC focuses on standards and guidelines related to performance of deployed dog/handler teams and optimization of their combination with electronic detection devices.
UNC School of Government blog post by Jeff Welty that explains the U.S. Supreme Court’s 2013 holding in Florida v. Harris. Harris holds that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, even if there are no records regarding the dog’s performance in the field. However, challenges to drug dog reliability will likely continue because the case holds that defendants are entitled to make such challenges through cross-examining the testifying officer or by introducing his own fact or expert witnesses and that courts will determine the weight given to evidence regarding the adequacy of the dog and handler’s training, the team’s prior performance in the field, and other factors.
UNC School of Government blog post by Shea Denning that examines the status of dog sniffs under the Fourth Amendment as it applies to searches of individuals if a dog alerts to the person.
Cases
A sniffing canine can be found to be property trained despite the canine having an expired certification at the time of the the sniff, so long as the canine has a history of certification and at least one other unexpired certification. Additionally, the handler’s training being inconsistent with department standards is not by itself insufficient to overcome a showing that the canine was properly trained and reliable.
UNC School of Government blog post by Jeff Welty that explains the U.S. Supreme Court’s 2013 holding in Florida v. Harris. Harris holds that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, even if there are no records regarding the dog’s performance in the field. However, challenges to drug dog reliability will likely continue because the case holds that defendants are entitled to make such challenges through cross-examining the testifying officer or by introducing his own fact or expert witnesses and that courts will determine the weight given to evidence regarding the adequacy of the dog and handler’s training, the team’s prior performance in the field, and other factors.
No. COA 11-384
Defendant’s Brief contains caselaw regarding canine sniffs and Fourth Amendment protections.
Motions and Briefs
Sample discovery motion for detection dog records
Sample discovery motion for detection dog records, includes a cite to Florida v. Harris, 113 S. Ct. 1050 (2013).
Detection Dogs in the News
- The Sniff Test, by Peter Andrey Smith, Science, 10/14/2021
- Since the nose doesn’t know pot is now legal, K-9s retire, by Denise Lavoie, AP, 5/29/2021
- The Police Dog Who Cried Drugs at Every Traffic Stop, by Daryl James, Reason, 5/13/2021
- Dogs Can Detect Traces of Gasoline Down to 1 Billionth of a Teaspoon, Forensic Magazine, 5/13/2020
- Mark Redwine’s defense team receives assistance with cadaver dog evidence (CO), by Bret Hauff, Durango Herald, 6/27/2019
- The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs, by Radley Balko, Washington Post, 2/4/2019
- Eliminating Police Bias When Handling Drug-Sniffing Dogs, by Martin Kaste, NPR, 11/20/2017
- Police canine abilities on display at national dog detector trials in Raleigh, by Thomasi McDonald, News and Observer, 4/4/2017
Detection Dogs Experts
- Joseph Bailer, Fayetteville, NC
- Steve Mueller, NC
- Gary Shaw, Raleigh, NC
- Roy G. Taylor, Raleigh, NC
Additional Info
Canine handler and Regional Vice President of the US Police Canine Association. Certified canine instructor. Over 30 years of experience with dog handling.