Can I Challenge A Drug Dog?




Title: Can I Challenge a Drug Dog?
Description: Since an alert by a drug dog has been found to give the officer probable cause to conduct a search of a vehicle, one certainly can challenge this alert by the drug dog in court.
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Since an alert by a drug dog has been found to give the officer probable cause to conduct a search of a vehicle, one certainly can challenge this alert by the drug dog in court.  Any records of the dog from previous searches and training would have to be produced and reviewed by an expert to determine whether or not the dog is in fact reliable.  Hopefully there is a video of the search itself so that that can be reviewed as well by an expert.

The video from the traffic stop was critical evidence in determining whether or not an officer cued or improperly suggested a drug dog to alert to a vehicle.  If this occurs, an argument can be made that it was not a true alert by the dog but, instead, a response by improper cuing or suggestion by the drug dog handler, thus negating any probable cause for the search of the vehicle.