{"id":3724,"date":"2010-01-29T10:31:17","date_gmt":"2010-01-09T11:01:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-09T11:01:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3724","title":{"rendered":"OR: Challenge to training of drug dog failed"},"content":{"rendered":"

Challenge to whether drug dog was \u201cproperly trained\u201d to find drugs failed. While there were two methods of training, neither mistrains the dog. State v. Foster<\/a>, 233 Ore. App. 135 (January 6, 2010):<\/p>\n

Defendant, who was convicted of possession of methamphetamine, ORS 475.894, argues on appeal that the trial court erred in denying his motion to suppress evidence found during a warrantless search of his car. In particular, defendant argues that the trial court erred in concluding that probable cause existed to support the search. As explained below, we conclude that the trial court properly denied suppression. Accordingly, we affirm.<\/p>\n

. . .<\/p>\n

In particular, we note that two aspects of the state’s evidence strongly suggest that, for the purpose at issue here, Benny is adequately trained to detect drugs. First, and disregarding Hulte’s testimony concerning what he considers to be corroboration in approximately two-thirds of the instances that Benny has alerted when he has been deployed in the field, drugs were discovered at the location where he alerted. Second, Benny passed the OPCA certification test, which required a 90 percent accuracy rate. Moreover, the state presented evidence rebutting Woodford’s critique of the OPCA certification test. As discussed, Woodford suggested that handlers might be cueing the dogs about where the drugs were located or that the dogs might be following human scent to the location where the human placed the drugs. Fyfe testified, however, that handlers did not place the drugs for the test or know where the drugs were located, that the people who placed the drugs wore gloves, and also that the people who placed the drugs went to numerous areas in the environment so that the dogs would not simply go to the place that had most recently been disturbed. Given that evidence–in addition to the undisputed evidence by both parties that dogs do, in fact, have superior abilities to detect odors and can be trained to alert to specific odors–we agree with the trial court that the evidence of Benny’s alert to defendant’s car door handle, when combined with other evidence, provided sufficient probable cause for the search at issue here.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3724","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3724","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3724"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3724\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3724"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3724"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3724"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}