SSO K-9 sniff tests challenged in court

[News Flash]

The narcotics-sniffing dog Zuul smells drugs on almost every car he checks.

But that does not necessarily mean there are drugs on board.

Half of the time, when deputies use Zuul's nose for probable cause to search a car, they do not find drugs.

Now the sniffing abilities of dogs such as Zuul are becoming a focus of drug cases in Sarasota. Defense attorneys say the dogs are not accurate enough at finding drug caches to justify police searches.

Challenging those searches is the best way to beat a drug possession or drug trafficking charge. If defense attorneys can show a dog has a spotty track record, they can have the evidence against their clients thrown out of court.

"I don't think any of the dogs the Sarasota sheriff's office uses are qualified to detect drugs to get probable cause for searches," Assistant Public Defender Mark Adams said.

Officers can call for a dog to sniff any vehicle they stop for a traffic infraction.

There are currently two sheriff's office dogs assigned to the Newtown area and six dogs on general patrol.

A dog makes two passes around the car, and if it alerts the officer that there are drugs, officers can search the car.

The Sarasota County Sheriff's Office trains all its dogs, which are purchased from breeders in Hungary. Then they are certified through the National Police Canine Association, completing a test by finding drugs hidden in two locations on four cars.

Prosecutors and deputies say there is always a reason for Zuul to indicate there are drugs. In each case, either drugs were found, or people riding in the car admitted to using or possessing illegal drugs in the recent past.

But residual drug detection does not count in court.

Judges have ruled that when dogs smell drugs but nothing is found in the search, it means the dog was wrong.

Essentially, it counts as a loss in the dog's track record.

Circuit Judge Debra Johnes Riva said in a ruling that she had no choice but to throw out evidence in a drug case because...

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Sgt. Olree,

I like you as a person, but your quote in the paper makes us look bad. Please shut up and let the PIO tap dance around the question and give no real answer!!

I have never posted anything on this site and I have had to search hard for the right words to say. I love my job and take it seriously. Anyone who knows me, knows that when it comes to advising the public (or media) how our dogs work and how much time and effort we put into our training and records keeping, knows I would never say anything to make us look ignorant. I chose my words carefully and how they showed up in print was not up to me. For one of my own to tell me to shut up on a public site and hide behind a "GUEST 88" is only showing me that you would believe the media before comming to me first. Now look at the viewer comments that follow the article and take note of how the public views us. Im sickened by their comments. Then look at the postings here on this site and tell me we are any different from the public. We should be a team with the same mission.

Who cares it's drug cases? Isn't that low on our importance list around here anyways? Keep up the good work K-9 guys Keep your chin up!

Now look at the viewer comments that follow the article and take note of how the public views us. Im sickened by their comments.

I went back and read them -- and mannnn you're right! They slammed us! The "war on drugs" has a lot of parallels to "prohibition."

Don't worry about it Olree and the rest of the unit.
Everyone knows criminals hide behind "their rights". They committ crimes, causing nothing but grief and pain for the victims. But no one cares about the victims. Only if the criminals "rights" were violated.
You guys are x-8 and am glad you are out there. Don't take it personal. Keep doing what you are doing.

These rulings are getting bad. Pretty soon if you write a ticket and that person takes it to court and wins we are going to be held liable for violating that persons rights.