Massachusetts Drug Arrests could be impacted by Florida case before the United States Supreme Court.
"Drug Dog Case May Reach United States Supreme Court"
Drug arrests in Massachusetts could be impacted by the case of Florida v. Harris, which the State of Florida filed a writ of certiorari requesting the case to be heard by the United States Supreme Court. To read the Florida Supreme Court's decision in Harris, click here.
In the case, the defendant was stopped for a technical motor vehicle infraction. The officer thought that the defendant was nervous and retrieved his narcotics detection dog which alerted the officer to the presence of narcotics in the vehicle.
The Florida Supreme Court held that evidence that a dog had been trained and certified to detect narcotics, standing alone, is insufficient to establish the dog's reliability for the purpose of determining probable cause to arrest.
The State of Florida has brought the case before the United States Supreme Court, asking the Court to reverse the decision of the Florida Supreme Court. The United States Supreme Court filings are on the Scotus Blog, which contains the petition before the Court.
As a Massachusetts criminal lawyer, I expect that the United States Supreme Court will affirm the Florida Supreme Court decision and find that a certified and trained drug dog standing alone is insufficient to establish probable cause. The Florida Supreme Court held the State must present evidence of the training and certification record of the dog, the significance of the training, field performance records, evidence concerning the training and experience of the handler of the dog as well as any other objective evidence of the dog's reliability. These requirements are not burdensome to the State but serve the important interest of ensuring that the drug dogs are reliable before a court will find probable cause to search.
On Appeal, the State of Florida has argued that this holding is contrary to United States Supreme Court case law, federal law and the decision of other State courts. The United States Supreme Court has not decided whether to grant further review of this decision. This decision if affirmed by the United States Supreme Court would have a significant impact on Massachusetts drug crimes arrests.





