{"id":8429,"date":"2013-03-05T08:23:45","date_gmt":"2013-02-27T12:20:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-27T12:20:02","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8429","title":{"rendered":"LA Daily Journal: Dog sniff ruling doesn\u2019t smell so bad after all"},"content":{"rendered":"<p><a href=\"http:\/\/www.dailyjournal.com\/public\/pubmain.cfm?logout=&amp;seloption=&amp;eid=&amp;vid=&amp;CFID=340924&amp;CFTOKEN=19052471\">LA Daily Journal<\/a>: Dog sniff ruling doesn\u2019t smell so bad after all by Allison B. Margolin (Feb. 22, 2013) (sub. req.):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>The court points out that a defendant should be able to \u201ccontest the adequacy of a certification or training program, perhaps asserting that its standards are too lax or its methods faulty. So too, the defendant may examine how the dog (or handler) performed in the assessments made in those settings. &#8230; and even assuming the dog is generally reliable, circumstances surrounding a particular alert may undermine the probable cause \u2013 if, say, the officer cued the dog (consciously or not), or if the team was working under unfamiliar conditions.\u201d<\/p>\n<p>The court states, if the state has produced proof from controlled settings that a dog performs reliably in detecting drugs, and the defendant has not contested that showing, then the court should find probable cause.<\/p>\n<p>In California, what this means for defense lawyers is that we need to start doing a lot more discovery (both through issuing subpoenas duces tecum to the police agency, and even the dog training facilities, for records relating to the training of the dog.) &#8230; [T]he materials are outside what the district attorney would have and thus are subject to the defendant\u2019s subpoena powers.<\/p>\n<p>. . . <\/p>\n<p>What may at first glance seem like a stake in the heart by Justice Kagan to us in the defense bar ultimately may provide us ideals for really challenging dog searches, and in reality changes nothing in California law.<\/p><\/blockquote>\n<p>Or law anywhere else.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8429\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-8429","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8429","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8429"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8429\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}