N.D. Iowa: Drug dog’s 50% hit rate was reliable enough

Past cases in this circuit hold that even a drug dog’s 50% hit rate is sufficient for probable cause. “And other indications of the presence of illicit drugs can rehabilitate a less-than-reliable canine alert.” United States v. Harbach, 2026 U.S. Dist. LEXIS 38363 (N.D. Iowa Feb. 25, 2026):

At the same time, a dog need not be perfect to be sufficiently reliable to support probable cause, and the Eighth Circuit has found that a fifty percent accuracy rate suffices. United States v. Collier, 1116 F.4th 756, 761 (8th Cir. 2024) (citing United States v. Holleman, 743 F.3d 1152, 1157 (8th Cir. 2014) and Donnelly, 475 F.3d at 946). And other indications of the presence of illicit drugs can rehabilitate a less-than-reliable canine alert. Collier, 1116 F.4th at 761 n. 3.

Here, the Court finds that defendant has not overcome the presumption that Maverick’s alerts provided probable cause to search the 4Runner. Maverick was certified in March 2025 when he alerted and indicated to the presence of narcotics. He had been recertified November 12, 2024. He also completed sixteen hours of training annually including in 2024. Defendant did not present any evidence that Maverick was less than fifty percent reliable, and, in fact, Trooper Lippmann testified that he was unaware of any time in the five years that he had worked with Maverick that Maverick had indicated and alerted and there was no odor of a narcotic present. Thus, the Court finds that there was probable cause to search based on Maverick’s alerts and indications at the passenger side door of the 4Runner, which were supported by law enforcement officers’ observations of the passenger of the vehicle retrieving a suspicious package just two minutes prior. The Court so finds despite defendant’s concerns about the date that the reports on Maverick’s trainings were signed. See (Doc. 54, at 3). Defendant’s objection on this ground is overruled.