TALLAHASSEE- The Florida Supreme Court rejected evidence discovered by drug sniffing dogs.

TALLAHASSEE- 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.

The 5-2 ruling in the second case should make it easier for police. That opinion upheld evidence that police obtained through human surveillance in a South Florida drug case.

“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,” Justice Barbara Pariente wrote for the court.

Given the lack of statewide standards for single-purpose, drug-detecting dogs, training certificates and records aren’t enough, Pariente wrote.

Prosecutors also must present other evidence including field performance records and an explanation of each dog’s training as well as evidence concerning the experience and training of the officer handling the dog. Further, it’s the state’s responsibility to prove a dog is reliable, not the defendant’s burden to show otherwise, but Daus said that’s not really a change.

The prosecutor said the high court has not changed the standards for the dogs, but it has increased the proof needed to verify their reliability. He said it will turn what has been a 15- to 20-minute procedure into one that may take a couple of hours.


Link:
http://www.bradenton.com/2011/04/22/3135190/justices-reject-evidence-discovered.html