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CA11: 55% reliability of drug dog PC

By John Wesley Hall, Jr.

55% reliability of trained drug dog was enough for probable cause under Gates's "fair probability" standard. United States v. Anderson, 2010 U.S. App. LEXIS 3541 (11th Cir. February 22, 2010) (unpublished): There was extensive evidence concerning Aron's certification and training with Deputy Gazdick. In addition to this evidence, the government also provided proof of Aron's reliability by offering his field records into evidence. Even assuming Anderson's view of the statistics, Aron had a 55% accuracy rate in finding measurable amounts of drugs. "Absolute certainty is not required by the Fourth Amendment." ... Probable cause requires "a fair probability that contraband or evidence of a crime will be found." Illinois v. Gates, 462 U.S. 213, 238, 103 S...continue to full post

Full post as published by Fourth Amendment on February 24, 2010 (boomark / email).