Under the Federal court system, there are two different descriptions of police working dogs:
1. HUMAN SCENT DOGS: The police service dog, search and rescue dog, tracking dog, trailing dog, scent identification dog, etc:
The Federal case law states that when one of these types of dogs alerts to or locates human odor, that alert is only one reasonable suspicion indicator.
Reasonable suspicion is defined as a "particularized and objective basis for suspected legal wrongdoing". In this case, the wrongdoing may be a suspect, a track or trail of a suspect or scent line up.
The dog alert is simply one indicator of wrongdoing. Now, the peace officers in charge of the case must develop other reasonable suspicion indicators to develop probable cause. "Probable cause exists when under the totality of circumstances known to the arresting officer; a prudent person would have concluded that there was a fair probability that the defendant had committed a crime."
These other reasonable suspicion indicators may be direct or circumstantial evidence.
The bottom line to a K-9 handler is this; the dog alert must be corroborated by other evidence.
2. CONTRABAND SUBSTANCE DETECTOR DOGS: The narcotic dog and explosive dog.
The Federal case law states that when one of these dogs alert or locate contraband, the dog's alert equals and gives the peace officer probable cause.
Once the peace officer has the dog alert, which equals probable cause, now the peace officer may apply for a search warrant, search without a warrant, based upon one of the exceptions to the search warrant requirement, or arrest.
However, in order for the alert from a contraband dog to equal probable cause, the dog must be trained, certified and reliable.
These three legality principles, trained, certified and reliable, apply to both types of dogs. If this case goes to court, the defense will attack these three areas. SAR dogs have already been held to these principles in court.
Cadaver Dogs:
The question that remains is the cadaver or human remains dog. Is this dog a human scent dog or a contraband substance dog?
There is no Federal or State case law, that I’m aware of, that addresses an alert from a cadaver or human remains dog as probable cause to obtain a search warrant, search or arrest.
Therefore, if the cadaver or human remains dog is placed in the contraband substance dog group, that alert would stand alone. If the cadaver or human remains dog is placed in the human scent dog group, that alert would have to be corroborated by other evidence.
Based upon review of the Federal and State case law, an alert from a cadaver dog is only reasonable suspicion. The dog alert must be corroborated by other evidence.
The SAR Canine Industry Standard
Created and maintained
by Terry Fleck. Contact: k9fleck@aol.com
Copyright © 1999
- 2009 Terry Fleck. All rights reserved.