E.D.Cal.: Positive alerts by “sophisticated” dogs that can discriminate currency from drugs have more value

Positive alerts by “sophisticated” dogs that can discriminate currency from drugs have more value that “unsophisticated” dogs. United States v. Approximately $77,000.00 in United States Currency, 2012 U.S. Dist. LEXIS 50404 (E.D. Cal. April 10, 2012):

The Ninth Circuit has given probative weight to positive alerts by “sophisticated” dogs – dogs that react only to ephemeral by-product of narcotics and not to commonly circulated currency – to show that currency is substantially connected to illegal drug activity. See United States v. $42,500 in U.S. Currency, 283 F.3d [977,] at 982; United States v. $22,474 in U.S. Currency, 246 F.3d at 1216.

More specifically, the Ninth Circuit has explained its jurisprudence on unsophisticated versus sophisticated dog alerts to currency:

In addition, Sutter alerted to the money found in Hysell’s luggage. Sutter’s handler submitted a declaration stating that Sutter does not alert to cocaine residue found on currency in general circulation. Rather, Sutter alerts to a by-product of cocaine which does not linger on currency. We recently held that a sophisticated dog alert, where the dog reacts only to ephemeral by-products of narcotics and not to commonly circulated currency, is an important factor in determining probable cause. See United States v. $22,474 in U.S. Currency, 246 F.3d 1212, 1216 (9th Cir. 2001) (explaining that because of more sophisticated training a narcotics canine would not alert to money unless it had recently been in the proximity of cocaine). The evidence of Sutter’s sophisticated training is undisputed, and therefore, Sutter’s alert is relevant in determining probable cause. …

United States v. $42,500 in U.S. Currency, 283 F.3d at 982-983. Here, Claimant relies on the two cases relied upon by claimant Hysell in the aforementioned excerpt. As explained above however, where a canine is trained not to alert to currency in general circulation, but instead the canine alerts only to the by product of illegal narcotics, that evidence is to be afforded greater weight in a determination of this kind.

It thus appears that Cody’s training lends itself to a finding that Cody is in fact a “sophisticated” dog. Therefore, Cody’s alert to the presence of illegal drugs on the currency found in Claimant’s vehicle is strong evidence going to the determination of whether the Government had met its burden.