Search: probable cause: dog: Officer Wheetley executed
a sniff test with his trained narcotics dog, Aldo. The dog alerted at the
driver’s-side door handle, leading Wheetley to conclude that he had probable
cause for a search. That search turned up nothing Aldo was trained to detect,
but did reveal pseudoephedrine and other ingredients for manufacturing
methamphetamine; suppression hearing; because training and testing records
supported Aldo’s reliability in detecting drugs and Harris failed to undermine
that evidence, Wheetley had probable cause to search Harris’s truck; in testing
whether an officer has probable cause to conduct a search, all that is required
is the kind of “fair probability” on which “reasonable and prudent people act.”
Illinois v. Gates, 462 U. S. 213, 235. To evaluate whether the
State has met this practical and common-sensical standard, this Court has
consistently looked to the totality of the circumstances and rejected rigid
rules, bright-line tests, and mechanistic inquiries; such inaccuracies do not
taint records of a dog’s performance in standard training and certification
settings, making that performance a better measure of a dog’s reliability.
Field records may sometimes be relevant, but the court should evaluate all the
evidence, and should not prescribe an inflexible set of requirements.
Under the correct approach, a probable-cause hearing
focusing on a dog’s alert should proceed much like any other, with the court
allowing the parties to make their best case and evaluating the totality of
the circumstances (U.S. S. Ct., 19.02.13, Florida v. Harris, J. Kagan,
unanimous).
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