19 02, 2013

S.C.O.T.U.S. – K9 Reliability – Florida v Harris

By |2021-02-09T13:57:58+00:00February 19th, 2013|Narcotics Detection, SCOTUS, Vehicle Sniffs|0 Comments

Florida v. Harris - 568 U.S. 237, 133 S. Ct. 1050 (2013) A police officer has probable cause to conduct a search when “the facts available to [him] would ‘warrant a [per-son] of reasonable caution in the belief ’” that contraband or evidence of a crime is present... “Finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence . . . have no place in the [probable-cause] decision.” Gates, 462 U. S., at 235. All we have required is the kind of “fair probability” on which “reasonable and prudent [people,] not legal technicians, [...]

25 04, 2009

CA10 – United States v Parada – Positive Alert without Final Trained Response Recognized

By |2021-02-09T16:03:05+00:00April 25th, 2009|CA10, Federal Circuits, Vehicle Sniffs|0 Comments

United States v Parada (577 F. 3d 1275 (2009) U.S. Court of Appeals Tenth Circuit) Holding that "officers had probable cause to search the entire vehicle based on the dog's alert to the front driver's side door" One of our early dog sniff cases assumed without deciding that the police had only reasonable suspicion until the dog "keyed," i.e., indicated, the exact location of the drugs whereupon officers had probable cause to search. United States v. Stone, 866 F.2d 359, 364 (10th Cir. 1984). The precise issue raised by Mr. Parada was not before the court in Stone, however, and  our later cases have not [...]

Go to Top