AR: Prior false alert rate of 14% of drug dog did not undermine the PC

The question of reliability of the drug dog was for the trial court, and the court decided that past false alerts did not undermine the probable cause. Jackson v. State, 2013 Ark. 201, 2013 Ark. LEXIS 243 (May 16, 2013):

Here, in arguing that K-9 Major was not reliable, Jackson points to testimony calling into question the canine’s track record, including the fact that K-9 Major, in 2011, alerted on vehicles with a no-find at a rate of fourteen percent. According to Jackson, this percentage is not reliable enough to establish probable cause, and when considered with the fact that the dog did not give a final indication, it was error for the circuit court to deem the dog reliable when determining whether probable cause existed. We disagree.

Corporal Behnke testified that K-9 Major is trained to detect marijuana, cocaine, heroin, methamphetamine, and ecstasy. He explained that he and K-9 Major were trained by Arkansas State Police Canine Coordinator, Roby Rhoads. There were also three certifications related to Corporal Behnke’s and K-9 Major’s training introduced into evidence, including completion of the PSP-1, Police Dog Critical Skills Test; and the Narcotics Detector Dog Team PSP-2, Police Scenting Dog Test. Corporal Behnke explained that the PSP-2 is the standard used by the Arkansas State Police and was developed by behaviorists and other dog trainers, with the consultation of the German police. Corporal Behnke also stated that he and K-9 Major conduct training throughout the year to make sure they stay proficient.

Although Jackson put forth some evidence regarding false alerts by K-9 Major, the circuit court, after hearing testimony about Corporal Behnke and K-9 Major’s training, ruled the dog was reliable. In light of the ruling in Harris, ___ U.S. ___, 133 S. Ct. 1050, we cannot say this was clearly erroneous.