K9 Case Law Update, For Supervisors

CANINE LEGAL UPDATE AND OPINIONS
FOR SUPERVISORS AND ADMINISTRATORS

SAMPLE POLICIES

CALIFORNIA STATE PEACE OFFICERS STANDARDS AND TRAINING K-9 TEAM STANDARDS:

OBEDIENCE:

The handler shall demonstrate the ability to control the canine during an obedience performance test. Testing will be conducted using reasonable job related distractions.

1) The canine will perform a basic routine of left, right, and about turns, both slow and quick pace, both on and off leash.
2) The handler shall “down” the canine in motion and then recall the dog to heel position from a distance.
3) The handler shall “down” the canine from a distance and recall the dog to a heel position.

SEARCH:

Under the direction and reasonable control of the handler, the canine will locate a person in a structure or building, and in an outdoor area within a reasonable period of time. The dog will “alert” the handler after finding the person. The “alert” will be a recognized signal from the dog to the handler, which indicates the presence of a hidden person. The handler will notify the evaluator of the recognizable signal prior to testing.

1) In a structure or building of at least 2,500 sq. ft., with multiple rooms and hiding places, the dog will locate a hidden person and “alert” the handler.
2) In an outdoor area, at least one acre in size with multiple hiding locations, the dog will locate a hidden person and “alert” the handler.

APPREHENSION:

Under the direction of the handler and while off leash, the canine will pursue and apprehend a person acting as a suspect.

1) On command from the handler, the canine will pursue and apprehend the suspect.
2) From a reasonable distance and on verbal command only, the canine will cease the apprehension.
3) The K-9 team shall demonstrate a pursuit and verbal call off prior to apprehension.

HANDLER PROTECTION:

The canine will demonstrate the ability to defend the handler during a physical attack.
1) During a testing scenario simulating an attack on the handler, the canine will defend the handler against the physical attack.
2) On verbal command from the handler, the canine will cease physical contact with the attacking person.

K-9 HANDLER SELECTION:

The following guidelines are recommended for consideration in the selection of a K-9 handler.

1) Strong character traits such as:
Maturity
Patience
Initiative
Flexibility
Dependability
Enthusiasm
Emotional stability
Communication skills (verbal and written)
2) Good physical condition
3) Good physical health
4) Should be comfortable with and have an understanding of dogs
5) Good interpersonal relationships with the public and other employees
6) Home life should be compatible with canine
7) Possess a P.O.S.T. Basic Certificate

EVALUATION:

The K-9 Team shall be evaluated by a POST approved K-9 Team Evaluator prior to general law enforcement deployment and at least once annually. If the K-9 Team fails testing, the retest shall not be retaken on the same day.

1) The K-9 Team Evaluator should have a minimum of five years experience as a Law Enforcement K-9 Handler or Law Enforcement K-9 Trainer in the area of evaluation; and,
2) Must attend a one day POST-certified K-9 Team Evaluators Course.
3) In order to avoid any perceived conflict of interest between the evaluator and the K-9 Team, the evaluator:
A) Cannot have a monetary interest in training of the K-9 Team being evaluated.
B) Cannot be the dog’s handler.
C) Cannot be the trainer for the dog or the handler.
4) Minimum of 200 hours documented training in the area of evaluation.

NARCOTICS DETECTION K-9 TEAM GUIDELINES:

SEARCH:

While demonstrating reasonable control and coordination between the handler and canine used in narcotics detection, the canine must find a minimum of three different types of narcotics (Heroin, Cocaine and Marijuana) within a reasonable period of time in three different types of locations.
1) Building search
2) Vehicle search
3) Outside area search
The narcotics used in testing should be obtained from a certified lab, or validated by a presumptive test.

SUGGESTED SCENARIOS FOR K-9 TEAM TESTING:

OBEDIENCE:
The handler will report to the evaluator with his/her dog on leash. At the direction of the evaluator the team will complete the following exercises as called for by the evaluator. During the exercises the dog shall be under the handler’s control at the “heel” position, neither lagging behind, or forging ahead of, the handler.

At the “forward” direction of the evaluator, the handler will proceed ahead with his/her dog at the “heel” position at a normal walking pace. This evaluator will direct the handler-canine team through a series of turns and movements including the following:

On leash:
1) Two right turns
2) Two left turns
3) Two about-turns
4) Two stop/sits

Off leash (with distraction):
1) Two right turns
2) Two left turns
3) Two about-turns
4) Two stop/sits
5) Down in motion:

While jogging forward, the handler will “down” the dog on the evaluator’s command, and continue to jog forward until reaching a designated point (at least 30 paces away). The handler will then turn and face the dog. At the evaluator’s command, the handler will recall the dog to his/her location by means of voice and/or hand signal(s), to a finish “heel” position.

With the dog in a stand/stay OR sit/stay position, the handler, from a location at least 30 paces away, will face the dog, wait for the evaluator’s command, then “down” the dog by means of voice and/or hand signals. The handler will then recall the dog upon the command of the evaluator.

The obedience exercises should be conducted in an environment closely simulating realistic job conditions and distractions, such as, but not restricted to, the following:

Heeling through a group of 4 or more individuals moving and/or talking in an animated manner;

The team’s patrol vehicle standing nearby with radio and/or emergency lights on, with one or more doors standing open;

A “jogger” or other non-threatening individual passing in close proximity to the exercise area.

SEARCH:
Upon command of the evaluator the K-9 team will approach the designated search area on foot. At the handler’s direction and command, the dog shall actively and systematically search the test area until the suspect is located or the evaluator terminates the exercise.

There shall be a recognized signal, (“alert”), from the dog to the handler, which indicates that the dog has located a hidden person. The handler must be able to interpret the dog’s “alert” clearly enough to be able to inform the evaluator of the “suspect’s” location. Once the handler has signaled the “alert” the exercise is complete. The handler shall demonstrate the ability to control the dog fully throughout all phases of the search.

APPREHENSION (WITHOUT CONTACT):
The K-9 team will begin the exercise “off-leash” from a designated starting position. The handler will ensure that the dog remains with him/her and may hold the dog’s collar to do so. Upon the evaluator’s signal, a “suspect” will present him/herself visually at a reasonable distance (25-30 yards) from the K-9 team, and begin running away. The handler will verbally order the suspect to stop. The “suspect” will ignore the order and continue flight. The handler will then send the dog in pursuit of the suspect, and should join in the pursuit, to ensure full view of the dog and suspect. Allowing a reasonable distance (20-30 yards), the suspect will stop in mid-flight at the evaluator’s command and stand still. At this time the handler will verbally order the dog to abandon the apprehension. The dog must not physically contact the suspect after the “call off” command from the handler.

APPREHENSION (WITH CONTACT):

This exercise will duplicate the above procedure, except in this scenario the suspect will not stop and the handler will send the dog to pursue, contact and apprehend the “suspect.” The handler may join in the pursuit. The dog shall contact and control the suspect until called off by the handler.

After the apprehension and on verbal command only from the handler, the dog shall “call off” from contact.

HANDLER PROTECTION:

The K-9 team, in a patrol vehicle, pulls up to a location of a “suspicious person call.” The handler exits the vehicle (with or without the dog at the option of the agency involved), approaches an individual standing nearby, and initiates a “field interview” contact. After approximately 30 seconds the subject suddenly physically assaults the handler. The dog shall react to the attack by either of the following actions:

1) “Conditioned” defense of the handler, no command given;

2) Respond when called upon by the handler’s verbal command.

The dog shall defend the handler by making physical contact with the aggressive suspect. The dog must “call off” upon a verbal command by the handler. Upon release, the dog shall remain under control of the handler.

The evaluator shall be fully apprised of the pertinent agency policies and regulations prior to commencement of the exercise. The “correct” response or reaction of the handler, the dog or the two acting together, may differ from agency to agency, based upon prevailing department policy.

NARCOTICS DETECTION:

While demonstrating reasonable control and coordination between the handler and canine used in narcotics detection, the canine must find a minimum of three different types of narcotics (Cocaine, Heroin, Marijuana) within a reasonable period of time in three different types of locations in order to successfully complete this scenario.

Each location will contain two hidden controlled substance samples. The canine team must detect a minimum of one of the two hidden samples during each test. With regard to the building search, it is recommended that one sample be located at least six feet above floor height. It is also recommended that the controlled substance samples be placed a reasonable distance apart to ensure distinctive separate alerts for each find. With regard to the vehicle search, it is recommended that there be three cars. One car will be “clean,” one will contain an “exterior” find and one will contain an “interior” find.
To assure adequate scent dispersion, setup time for each sample shall be a minimum of at least 25 minutes prior to the actual search. Controlled substance samples should be of a minimum purity level of 60 percent, weigh no less than one gram, and no more than one kilogram of any named substance.

It is further recommended that a canine team trained to detect other controlled substances be evaluated in the same manner as outlined above.

SPECIALTY K-9 PROGRAM GUIDELINE (OPTIONAL): EVIDENCE DETECTION

The K-9 team should successfully pass agency qualification standards related to the specialty skill of evidence detection. While under the direction and control of the handler, the K-9 team must find all of the specified scents in order to successfully complete the evidence detection evaluation.

Discussion:

When investigating crime scenes and related areas, such as criminal entry and escape routes, the specialist K-9 detection team must be well organized, trained in crime scene detection, and perform in accordance with department policy and procedures.

A Sampling of Evidence Detection Considerations*:

• The concealment of evidence materials in the test area will be appropriate to the type of detection being evaluated.

• The evaluator and assistants will take the precautions necessary to prevent scent contamination of the evidence or the test area.

• There must be detectable levels of evidence scent, distinguishable from ambient scent.

• Test areas will simulate the team’s typical work environment, including typical distractions, physical challenges, and concealment locations.

• The K-9 team will perform the search using appropriate field equipment.

• The dog will alert, signaling a find to the handler when the evidence is detected.

• Dog teams that fail the evaluation should wait 24 hours to retest.

• The evaluation should be documented.

• Note: This sampling is not in order of priority.

SPECIALTY K-9 PROGRAM GUIDELINE (OPTIONAL): TRACKING

The K-9 team should successfully pass agency qualification standards related to specialty skill of tracking. While under the direction and control of the handler, the K-9 team must be proficient in tracking/trailing a human scent.

Discussion:

When needed, such as lost persons, suspect escape routes, or other situations where tracking is designated by agency policy, the specialty tracking K-9 team should be able to successfully track/trail a human scent.

Service dog tracking results may be admitted as circumstantial evidence if it is supported by a sufficient foundation. This evidence must be corroborated by independent direct/indirect evidence.

A Sampling of Tracking Evaluation Objectives*:

• The evaluator should have prior experience as a tracking dog handler, trainer, or both.

• The test track will be laid by a person unknown to the dog, at least 30 minutes before deployment.

• The tracklayer should take precautions to prevent scent contamination of the track.

• The handler should be informed at the start of the track of the type of person they are to track, reason for tracking the person and where the track starts.

• The track will be approximately _ mile in length, over varied terrain, in a typical work environment.

• The track should cross at least one road (paved or gravel) and should have several turns but cannot circle back on itself.

• The track must be continuous (tracklayer walks from start to finish).

• The tracklayer may cross a fence, but there must be a safe way to get the dog to the other side.

• Several items of self-scented evidence should be dropped at different locations on the track.

• The Track Evaluation Standards, including missing or passing over evidence, loss of the trail, and restarts, should be established by agency policy and procedure.

• The K-9 team should perform the tracking evaluation using the appropriate equipment.

• The subject should be concealed at the end of the track (detection and/or apprehension)

• The K-9 team that fails the evaluation must wait at least 24 hours to retest.

• The evaluation should be documented.

• Note: This sampling is not in order of priority.

SPECIALTY K-9 PROGRAM GUIDELINE (OPTIONAL): EXPLOSIVES DETECTION

The K-9 team should successfully pass agency qualification standards related to specialty skill of explosives detection. While under the direction and control of the handler, the K-9 team must find all of the specified scents in order to successfully complete this evaluation.

Discussion:

The explosives detection K-9 team must be able to successfully locate all compounds required by their agency in a building, vehicle, or open area within a reasonable period of time.

The following are the objectives of the explosives evaluation*:

• The evaluator should have experience as an explosives dog handler, trainer, or both.

• The evaluator and assistants will take the precautions necessary to prevent scent contamination of the evidence or the test area.

• There must be detectable levels of explosive scent, distinguishable from ambient scent.

• Test areas will simulate the team’s typical work environment, including typical distractions, physical challenges, and concealment locations.

• The dog will alert, signaling a find to the handler when the explosive is detected.

• Dog teams that fail the evaluation must wait 24 hours to retest.

*Note: This sampling is not in order of priority.

A Sampling of Compounds Used to Evaluate Explosives Detection*:

• Single Base Smokeless Powder
• Aliphatic Nitro Compound
• Aromatic Nitro Compounds
• Nitrate Esters
• Nitramines
• Nitromethane
• Acid Salts
• Black Powder
• Double Base Smokeless Powder
• TNT
• C-4
• Composition B
• PETN (Waxed and Graphited)
• RDX (Waxed and Graphited)
• Ammonium Nitrate
• Picric Acid
• Urea Nitrate
*Note: This sampling is not in order of priority.

K-9 TEAM EVALUATION FORMS:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of Evaluator:
Equipment used:
Date:

OBEDIENCE TEST:

Critical tasks: Obedience and control of K-9

1) On leash pass ______ fail ______
normal-fast-left turn-right turn-about turn
2) Off leash pass ______ fail ______
fast-normal-left turn-right turn-about turn
3) Down in motion pass ______ fail ______
down/stay-recall-finish
4) Down from a distance pass ______ fail ______
stand/sit-sit-down-recall-finish

Distractions:
Comments:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

SEARCH TEST:

Critical tasks: Reasonable control, locate suspect, signal recognition.
1) Building search: pass ______ fail ______
control-locate-recognition-reasonable search time
2) Outdoor search: pass ______ fail ______
control-locate-recognition-reasonable search time

Comments:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

APPREHENSION TEST:

Critical tasks: Control, pursuit, contact and call off.

1) Apprehension without contact pass ______ fail ______
control-pursuit on command-call off without contact
2) Apprehension with contact pass ______ fail ______
control-pursuit on command-contact-call off

Comments:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

HANDLER PROTECTION TEST:

Critical tasks: The dog makes physical contact with the aggressor, the dog “calls off” on verbal command, and the dog remains under control.

1) Physical contact pass ______ fail ______

2) Call off pass ______ fail ______

3) Remains under control pass ______ fail ______

Comments:

NARCOTICS K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

NARCOTICS SEARCH TEST:

Critical tasks: Reasonable control, find one of two narcotics in each of the three types of locations.

1) Building search pass ______ fail ______
heroin ______ cocaine ______ marijuana ______

2) Vehicle search pass ______ fail ______
heroin ______ cocaine ______ marijuana ______

3) Outside area search pass ______ fail ______
heroin ______ cocaine ______ marijuana ______

Comments:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

EVIDENCE DETECTION TEST:

CRITICAL TASKS: REASONABLE CONTROL, FIND EVIDENCE IN DIFFERENT LOCATIONS

The evidence K-9 must be proficient in locating items bearing fresh human scent and firearms evidence consisting of the firearm, cartridge components (fired or unfired), gunshot residues on targets, or discharged residues. When the evidence is detected, the dog will alert, signaling to the handler the find.

Examples of the type of evidence to use during the evaluation include credit cards, key rings, knife, screwdriver, wallet, pager, blood stained clothing, firearms, cartridges, and residue.

Evidence samples will be concealed and placed in an outside area approximately 100 feet by 100 feet, uncontaminated by scents similar to the evidence, with ground cover or other concealment. When the evidence is detected, the dog will alert, signaling to the handler the find. The K-9 team must locate three of four different samples in order to successfully complete the evaluation.

1) Outside area search pass _______fail _______
Types of located evidence

2) Other search (optional) pass _______fail _______
Types of located evidence

Distractions:

Comments:

Evaluator Signature:

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

TRACKING TEST:

CRITICAL TASKS: TRACKING, FINDING ARTICLES/PERSON, AND SIGNAL RECOGNITION

The track should be a minimum of _ mile and should cover grass or ground cover (including dirt). The track should cross at least one road (paved or unpaved) and should have at least two turns without circling back on itself. The track must be continuous from start to finish.

The track should contain at least 3-4 articles that are heavily scented with human odor. The articles should be dropped at different locations and should be made of metal, wood, leather, cloth or plastic and should vary in size from small, like a shell casing, to something as large as a pocket wallet. The person making the human scent should be concealed at the end of the track (detection and/or apprehension).

Under the direction and control of the handler, the K-9 team will follow the track and find the number of articles as established by the agency policy. The track should be completed in a reasonable length of time. The K-9 team must locate the number of samples designated by agency policy and the concealed subject in order to successfully complete the evaluation.

1) Tracking search pass _______fail _______

Distractions:

Comments:

Evaluator Signature:

(Note: Attach a map of the track to the evaluation.)

K-9 TEAM EVALUATION:

Name of agency:
Name of handler:
Name of K-9:
Name of evaluator:
Equipment used:
Date:

EXPLOSIVES DETECTION TEST:

CRITICAL TASKS: CONTROL, LOCATE EXPLOSIVE MATERIALS, AND SIGNAL RECOGNITION

The explosives detection specialty dog must be proficient in locating explosives from all of the following families: Aliphatic Nitro Compound, Aromatic Nitro Compounds, Nitrate Esters, Nitramines, and Acid Salts.

Under the direction and control of the handler, the K-9 team will locate explosives materials. The type, the amount, and the location to be determined by the agency policy. When the evidence is detected, the dog will alert, signaling to the handler the find. The K-9 team must locate four different explosives in order to successfully complete the evaluation.

1) Building search pass _______fail _______
Types of located evidence

2) Open area search pass _______fail _______
Types of located evidence

3) Other designated setting pass _______fail _______
Types of located evidence

Distractions:

Comments:

Evaluator Signature:

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CANINE LEGAL UPDATE AND OPINIONS FOR SUPERVISORS AND ADMINISTRATORS

SAMPLE POLICIES

CANINE LEGAL UPDATE AND OPINIONS
FOR SUPERVISORS AND ADMINISTRATORS