MOD 660
03-27-2013, 05:51 PM
* Canine Searches
The U.S. Supreme Court, in a unanimous decision, rejected the ruling of the Florida Supreme Court that the state had to, in every case, present an "exhaustive set of records" concerning the reliability of a drug sniffing dog used to find probable cause to search a vehicle. The proper test as to whether probable cause existed was the totality of the circumstances test.
In this case, there was evidence of the dog's training and his proficiency in finding drugs. The officer had probable cause to search the car and the defendant had not adequately contested the evidence of the dog's reliability. Florida v. Harris, #11-817, 2013 U.S. Lexis 1121.
The U.S. Supreme Court, in a unanimous decision, rejected the ruling of the Florida Supreme Court that the state had to, in every case, present an "exhaustive set of records" concerning the reliability of a drug sniffing dog used to find probable cause to search a vehicle. The proper test as to whether probable cause existed was the totality of the circumstances test.
In this case, there was evidence of the dog's training and his proficiency in finding drugs. The officer had probable cause to search the car and the defendant had not adequately contested the evidence of the dog's reliability. Florida v. Harris, #11-817, 2013 U.S. Lexis 1121.