{"id":7323,"date":"2012-07-25T12:39:32","date_gmt":"2012-06-20T16:02:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-20T16:02:35","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7323","title":{"rendered":"CA6: Officer’s testimony can support reliability of dog for alert; alert can lead to search of containers"},"content":{"rendered":"

The reliability for a dog alert as probable cause can be established by the testimony of the officer alone. Some inaccuracies don\u2019t undermine the dog’s reliability because none is infallible. The dog alert can result in searches of containers, here an envelope. United States v. Stubblefield<\/a>, 682 F.3d 502, 2012 FED App. 0183P (6th Cir. 2012):<\/p>\n

… Although Earvin correctly points out that no drugs were discovered in Earvin’s rental car following Arrow’s positive alert, this fact is not dispositive. The crucial question for reliability is not whether a dog is actually correct in the specific instance at hand\u2014no dog is infallible\u2014but rather whether the dog is likely enough to be right so that a positive alert “is sufficient to establish probable cause for the presence of a controlled substance.” Diaz, 25 F.3d at 394. “This court has defined probable cause as reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion, and is said to exist when there is a fair probability, given the totality of the circumstances, that contraband or evidence of a crime will be found in a particular place.” United States v. Howard, 621 F.3d 433, 453 (6th Cir. 2010) (internal quotation marks omitted) (emphasis added).<\/p>\n

Because Arrow’s reliability and proper training have been established, Earvin’s next argument\u2014that Arrow’s alert did not justify opening the envelope containing the first set of counterfeit documents\u2014is easily dismissed. An alert by a properly trained and reliable drug-detection dog “is sufficient to establish probable cause for the presence of a controlled substance.” Diaz, 25 F.3d at 394. If the police have probable cause to search a lawfully stopped vehicle for contraband, then the police have probable cause to search every part of the vehicle and all containers found therein in which the object of the search could be hidden. United States v. Crotinger, 928 F.2d 203, 205 (6th Cir. 1991) (citing United States v. Ross, 456 U.S. 798, 824, 102 S. Ct. 2157, 72 L. Ed. 2d 572 (1982)). So Arrow’s alert gave the officers probable cause to search the car and any containers capable of hiding drugs.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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