Need help with K-9 case law

[CdwJava]

Dogs can be considered very reliable. The agency handling the dog likely has records of all the dog's training and his positive and negative alerts. This information is NOT necessary in the affidavit of probable cause. It's also pretty telling if they ran the dog by several times and the ONLY house he alerted on was yours .... and, 'lo and behold, they find dope growing!

The "informant" really is immaterial as he never witnessed the crime. They apparently used his statement only to start an investigation on you. If they used it as part of the affidavit, I would assume that they believed he had more than a "I think" he is doing something wrong.

Yes, it is possible for a dog to smell marijuana 70' away - especially when it is part of a grow. I have seen special substance dogs alert on a single aspirin tablet from almost 20', I wouldn't be surprised to see a dog alert on a marijuana grow.

If your lawyer loses the suppression hearing, it's time to make a deal.

- Carl

 

[smutlydog]

Dogs can be considered very reliable. The agency handling the dog likely has records of all the dog's training and his positive and negative alerts. This information is NOT necessary in the affidavit of probable cause. It's also pretty telling if they ran the dog by several times and the ONLY house he alerted on was yours .... and, 'lo and behold, they find dope growing!

The "informant" really is immaterial as he never witnessed the crime. They apparently used his statement only to start an investigation on you. If they used it as part of the affidavit, I would assume that they believed he had more than a "I think" he is doing something wrong.

Yes, it is possible for a dog to smell marijuana 70' away - especially when it is part of a grow. I have seen special substance dogs alert on a single aspirin tablet from almost 20', I wouldn't be surprised to see a dog alert on a marijuana grow.

If your lawyer loses the suppression hearing, it's time to make a deal.

- Carl

Whos to say that it wasn't just a couple of guys sitting on the couch smoking a joint watching Monday Night Football? Here in Texas the smell of burnt MJ isn't enough for a search warrant.We call it property rights.

 

[CdwJava]

Whos to say that it wasn't just a couple of guys sitting on the couch smoking a joint watching Monday Night Football? Here in Texas the smell of burnt MJ isn't enough for a search warrant.We call it property rights.

Smell is perfectly legitimate in most states. And smoking pot is illegal in all 50 states. Stands to reason that it might provide probable cause.

Not to mention that the alert of a dog is considered good just about everywhere.

The fact they had warrant kinda negates the "what if" situation, anyway ... unless it can be shown that the affidavit was intentionally falsified, the warrant will be sufficient cause for a search.

- Carl

 

[smutlydog]

Smell is perfectly legitimate in most states. And smoking pot is illegal in all 50 states. Stands to reason that it might provide probable cause.

Not to mention that the alert of a dog is considered good just about everywhere.

The fact they had warrant kinda negates the "what if" situation, anyway ... unless it can be shown that the affidavit was intentionally falsified, the warrant will be sufficient cause for a search.

- Carl

Because a dog can't distingiush between marijuana burning and the odor of marijuana growing here in Texas a good attorney might be able to get this case thrown out.

 

[CdwJava]

Because a dog can't distingiush between marijuana burning and the odor of marijuana growing here in Texas a good attorney might be able to get this case thrown out.

Maybe. But if they can show the dog's record of hits on growing marijuana, then it's moot.

- Carl

 

[acmb05]

Because a dog can't distingiush between marijuana burning and the odor of marijuana growing here in Texas a good attorney might be able to get this case thrown out.

Maybe but since he is in PA. and not in Texas its a whole new ballgame.

 

[theonlykid]

Can anyone out there put a ballpark $$$ figure on having an expert testify on a motion to supress. I know a lot of those fees are variable( due to travle, hotels, ect...) , but what about the fee to appear?
T o the person who has witnessed a dog hit on a tab of asprin- What if there was an asprin in a room that had the entire volume of air exchanged in an avg of 2 minutes. Could the dog smell it then?
IS THE DOG HANDLER/ THE COPS RESPONSABLE for elminating /searching for other possable reasons for the dog alert?? I would constantly find empty baggies, crack vials, roaches, blunt tobbacco, ect.... by the door all of the time. The dog could have hit on something like that.

 

[smutlydog]

Can anyone out there put a ballpark $$$ figure on having an expert testify on a motion to supress. I know a lot of those fees are variable( due to travle, hotels, ect...) , but what about the fee to appear?
T o the person who has witnessed a dog hit on a tab of asprin- What if there was an asprin in a room that had the entire volume of air exchanged in an avg of 2 minutes. Could the dog smell it then?
IS THE DOG HANDLER/ THE COPS RESPONSABLE for elminating /searching for other possable reasons for the dog alert?? I would constantly find empty baggies, crack vials, roaches, blunt tobbacco, ect.... by the door all of the time. The dog could have hit on something like that.

$4,000 + travel exspenses = total cost
That's the price they gave me

 

[theonlykid]

4000 is that in us$$? Lemme guess they dont want to stay at the red roof inn by the airport either! I guess their is no price of freedom. Did you end up using services of that person or another? was it worth it? do you have any names or #'s. yeah, i got a lawyer, a great 1 at that, but i like to do my own homework. after all it is my life

 

[smutlydog]

4000 is that in us$$? Lemme guess they dont want to stay at the red roof inn by the airport either! I guess their is no price of freedom. Did you end up using services of that person or another? was it worth it? do you have any names or #'s. yeah, i got a lawyer, a great 1 at that, but i like to do my own homework. after all it is my life

No I didn't use the service because my case didn't even make it past the grand jury but I did speak to the guy for about 10 minutes.

Yes that's US dollars

I would rather not post the info here.If you want to set up a temp email I will gladly send you his contact info.

 

[acmb05]

Hey I have a great idea

Quit growing dope and get a real job then you wont have to shell out money on attorneys, witnesses, and court fees.

 

[theonlykid]

acmbo5, the temp e mail acct is thekid@critpath.org. please sen d the info to there. thanks for the help