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FL: Justices reject evidence discovered by drug dog

Posted on April 22, 2011 by pogowasright.org

Bill Kaczor of Associated Press reports:

Citing a lack of state standards for drug-sniffing dogs, the Florida Supreme Court on Thursday tossed out evidence a canine detected against a Panhandle man.

It was one of two warrantless search and seizure cases the justices decided Thursday. Both set new guidelines for such cases.

While the 5-1 drug dog decision will make it more difficult and time-consuming for prosecutors to get court approval of evidence, it shouldn’t hamper the ability of police to use the animals, said Assistant State Attorney Ted Daus, who specializes in drug cases in Broward County.

Read more in the Bradenton Herald.

Actually, i think the state is wrong and that the ruling will make it more difficult for prosecutors because the accuracy and reliability of dog drug-sniffs has been questioned over a series of studies. Will drug-sniff tests go the way of polygraphs and be deemed not sufficiently reliable to be used as the basis for probable cause? Perhaps. And if so, then I think that might be a setback to law enforcement who would have to find other grounds to justify searches.

Category: CourtSurveillanceU.S.

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