Law enforcement use of dogs

Dogs are often called upon to assist in law enforcement. Among other things, they can help detain a suspect, pursue a suspect (by tracking him), identify a suspect (by his scent), detect illegal substances (including bombs and controlled substances like illegal drugs), deter crime, protect officers, and control crowds.

Testimony showing that a dog pursued or tracked a fleeing suspect to the site where he was hiding may be admissible under some circumstances. (See People v. Malgren (1983) 139 Cal.App.3d 234, 237-238, disapproved on other grounds in People v. Jones (1991) 53 Cal.3d 1115, 1144-1145 [allowing evidence that the defendant was tracked from the victims' house to some bushes less than one mile from the house, with the dog on the trail within a half hour of the incident]; and People v. Craig (1978) 86 Cal.App.3d 905, 910-911, 915-917 [allowing use of dog tracking evidence where the suspects were followed from their stolen getaway car to the point inside an apartment complex where they were detained]. But compare People v. Gonzales (1990) 218 Cal.App.3d 403 [reversing a conviction where a dog found the defendant in a vineyard less than one mile from a home that was burglarized half an hour earlier].)

Testimony that a dog identified a suspect by his scent may be admissible if the techniques for scent tracking achieve acceptance and a proper foundation is provided for the admissibility during trial. Kondaurov v. Kerdasha, 271 Va. 646 (Va. 2006); People v. Willis (2004) ___ Cal.App.4th ___ , 2004 DJDAR 1010. See discussion, below.

Testimony that a dog alerted officers to the presence of illegal drugs is generally admissible. (United States v. Place, 462 U. S. 696 (1983).) This is true even when officers are stopping an individual for a routine traffic ticket; as long as the traffic stop is based on probable cause, the police have the right to employ a drug-sniffing dog to walk around the car and attempt to discern the presence of illegal drugs inside it. (Illinois v. Caballes, 543 U. S. ____ (2005), 01-24-2005, docket no. 03-923.)