Politics Wires

Every drug dog has his day – in court; even Supreme Court

 
 

The U. S. Supreme Court
The U. S. Supreme Court
Tish Wells / McClatchy

McClatchy Newspapers

Aldo the drug-sniffing dog and his canine colleagues won a big treat at the Supreme Court on Tuesday, as justices unanimously approved a sniff search that had led to a Florida bust.

In a case closely watched by law enforcement officials and dog lovers alike, the court concluded that Aldo’s alert signs during a routine traffic stop in Liberty County, Fla., had provided a sheriff’s deputy with probable cause to conduct a search. The deputy didn’t find the drugs Aldo was trained for, but did find materials used for making methamphetamine.

“Training records established Aldo’s reliability in detecting drugs,” Justice Elena Kagan wrote for all nine justices.

Although straightforward and relatively brief, the court’s 11-page decision may have a broad reach for the many law enforcement agencies that rely on trained dogs. In accepting Aldo’s training records as sufficient, the justices rejected a Florida Supreme Court ruling that would have required officials to produce a dog’s field performance records – including instances of false alerts, when drugs weren’t found – in order to demonstrate a dog's reliability when a search was challenged.

Kagan countered that the Florida Supreme Court’s “strict evidentiary checklist” was too rigid in judging canine reliability, especially as “errors may abound” in a dog’s field performance.

“The better measure of a dog’s reliability thus comes away from the field, in controlled testing environments,” Kagan wrote. “For that reason, evidence of a dog’s satisfactory performance in a certification or training program can itself provide sufficient reason to trust his alert.”

Underscoring the stakes, 24 states had sided with Florida law enforcement officials. The states – including Pennsylvania, Texas, Washington and Idaho – noted in a legal brief that “drug-detecting canines are one of the essential weapons in the states’ arsenal to combat this illegal traffic.”

A second drug-sniffing case out of Florida, involving a chocolate Labrador retriever named Franky and a 2006 house search conducted by the Miami-Dade Police Department, hasn’t yet been decided, although it was argued before the Supreme Court on the same day.

Aldo, a German shepherd, had completed a 120-hour training course given by the Apopka, Fla., police department. He’d also received a one-year certification from Drugbeat, a private Missouri-based company that trains and certifies dogs for law enforcement. Once certified, Aldo and his handler, K-9 Officer William Wheetley, underwent regular training sessions.

Aldo and Wheetley were on patrol the afternoon of June 24, 2006, when the deputy sheriff pulled over a pickup near the town of Bristol, in Florida’s panhandle. The pickup had an expired tag.

“The truck belonged to . . . Clayton Harris,” attorney Gregory Garre wrote in a brief for the state of Florida. “It was not going to be his day.”

Harris seemed nervous, and the deputy saw an open beer can. He brought Aldo over and the dog got excited, and then Aldo sat down as an alert, next to the truck’s front door. Under the driver’s seat, Wheetley found 200 pseudoephedrine pills, which can be used to manufacture methamphetamine.

Harris’ defense attorney, Tallahassee-based Assistant Public Defender Glen P. Gifford, noted that Aldo’s original training had been with another officer and the dog’s certification was out of date.

“Because a dog cannot be cross-examined like a police officer on the scene, whose observations often provide the basis for probable cause to search a vehicle, the state must introduce evidence concerning the dog’s reliability,” Florida Supreme Court Justice Barbara Pariente reasoned. “In cases involving dog sniffing for narcotics, it is particularly evident that the courts often accept the mythic dog with an almost superstitious faith.”

But in the decision Tuesday, the Supreme Court concluded that the Florida court’s checklist, notably including “field performance records,” imposed too strict a burden for law enforcement. Instead, Kagan said, a “flexible, common-sense standard” should be applied in testing reliability, with completion of a training program potentially all that’s needed.

“After all,” Kagan wrote, “law enforcement units have their own strong incentive to use effective training and certification programs, because only accurate drug-detection dogs enable officers to locate contraband without incurring unnecessary risks or wasting limited time and resources.”

Email: mdoyle@mcclatchydc.com; Twitter: @MichaelDoyle10

Read more Politics Wires stories from the Miami Herald

  •  

FILED – In this Aug. 11, 2009, file photo Senior White House Adviser David Axelrod, right, White House Press Secretary Robert Gibbs, left, leave the White House in Washington with President Barack Obama, not shown, en route to New Hampshire for a town hall meeting. Obama allies and former top aides are worried he has lost his voice on his central theme of economic opportunity, silenced by a trio of recent troubles. Axelrod and Gibbs are pressing Obama's current aides to let the president stake out a big vision once again, not only to put a focus on his second term but to move away from the controversies engulfing the White House.

    Obama urged to make economy a bigger, bolder topic

    Five months into President Barack Obama's second term, allies and former top aides worry that his overarching goal of economic opportunity has been diminished, partly drowned out by controversies seized upon by Republicans in an effort to weaken him.

  • Tea party looks to take advantage of moment

    Is the tea party getting its groove back? Shouts of vindication from around the country suggest the movement's leaders certainly think so.

  • Aide: Obama learned about IRS from news accounts

    A senior White House adviser insists President Barack Obama learned the Internal Revenue Service had been targeting tea party groups "when it came out in the news."

Miami Herald

Join the
Discussion

The Miami Herald is pleased to provide this opportunity to share information, experiences and observations about what's in the news. Some of the comments may be reprinted elsewhere on the site or in the newspaper. We encourage lively, open debate on the issues of the day, and ask that you refrain from profanity, hate speech, personal comments and remarks that are off point. Thank you for taking the time to offer your thoughts.

The Miami Herald uses Facebook's commenting system. You need to log in with a Facebook account in order to comment. If you have questions about commenting with your Facebook account, click here.

Have a news tip? You can send it anonymously. Click here to send us your tip - or - consider joining the Public Insight Network and become a source for The Miami Herald and el Nuevo Herald.

Hide Comments

This affects comments on all stories.

Cancel OK

  • Videos

  • Quick Job Search

Enter Keyword(s) Enter City Select a State Select a Category