Brief filed: 09/04/2012
Florida v. Harris
United States Supreme Court; Case No. 11-817
Decision below 71 So.3d 756 (Fla. 2011).
An alert by a “trained” or “certified” drug detection dog by itself is insufficient to establish probable cause; evidence of a dog’s reliability is but one factor in a totality-of-the-circumstances analysis recommended by the Florida Supreme Court. Real-world data demonstrate that even trained or certified dogs have a high rate of false alerts; brief lists a number of different factors relating to a drug dog’s reliability.
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Danielle Spinelli, Wilmer Cutler Pickering Hale and Door LLP, Washington, DC, et al. (see brief cover for complete list of authors).