Corporal Behnke testified that when dealing with K-9 Major there can be an alert, a profound alert, or an indication. He explained that an alert is a change in behavior that the handler knows and can recognize upon his own canine. He also testified that a profound alert is something that any human being, by sitting there and watching him, can understand that the dog has had a significant change in behavior. Finally, an indication, he explained, will either be a sit, stand, or lay.
In this instance, Corporal Behnke stated that K-9 Major demonstrated a profound alert. More specifically, he stated that after conducting the free-air sniff, K-9 Major began pulling him toward the front-passenger side of the vehicle, to the point the dog was almost choking himself. According to Corporal Behnke, the dog’s behavior changed in that he exhibited excessive tail wagging and deep, labored breathing. As they neared the front of the vehicle, Corporal Behnke stated that K-9 Major turned to begin the detailed sniff, returned down the driver’s side of the vehicle, and as they approached the rear tire, the dog stopped, turned back around, and began to sniff in the open driver’s side window. According to Corporal Behnke, at one point, K-9 Major was trying to get in through the window, which was unusual behavior for him. And, at another point, K-9 Major stood and stared at the door, a sign of an indication.
In light of the evidence presented, we cannot say that the circuit court erred in denying the motion to suppress the marijuana seized from the vehicle on the basis that K-9 Major’s alert constituted reasonable suspicion for the search.