OR: State carries burden of proving the reliability of the drug dog in the first instance (under state const.)

“Here, we easily conclude that the state did not create a sufficient record to support the use of Quincy’s alert as a basis for probable cause to search the car. At the suppression hearing, the state elicited testimony from Raiser that he had received some “special training” to be a drug-detection dog handler. Further, Raiser testified that Quincy had received some training to detect marijuana, heroin, cocaine, and methamphetamine. He also stated that Quincy had been deployed 20 to 50 times. Finally, he gave his opinion that Quincy was “a reliable drug dog.” That is not sufficient to satisfy the standards set out in Foster and Helzer. First, the record includes no details at all of Raiser’s and Quincy’s training, much less how that training ensured that Quincy would alert only to drugs and not in response to non-drug odors, handler cues, or other distractions. Second, the record did not show whether Raiser and Quincy had been certified or, if they were, what kind of test they had to pass to obtain that certification. Finally, the state provided no information about Quincy’s field performance beyond the fact that he had been deployed 20 to 50 times.” State v. Snyder, 281 Ore. App. 308, 2016 Ore. App. LEXIS 1192 (Sept. 28, 2016).