They patrol the streets, subway stations and airports. Proud owners accompany them, but rarely stop to pet them because they are on duty. The use of drug-sniffing dogs is gaining popularity among police departments, but their reliability varies.
This topic was discussed during a panel at the DePaul Center of Animal Law last Wednesday. Speakers included Dan Hinkel, a Chicago Tribune reporter who investigated and wrote about the accuracy of drug-sniffing dogs, and Chad Flanders, a professor at the DePaul College of Law.
Two recent U.S. Supreme Court rulings regarding the reliability and accuracy of drug-sniffing dogs is a new challenge to the Fourth Amendment right to unreasonable search and seizure. Training, accuracy and probable cause are at the forefront of this issue.
To begin, Flanders explained that a dog sniff is not considered a search because it is nonintrusive. Any dog naturally has a stronger sense of smell, and trained dogs are trained to detect illegal drugs but nothing else. As recently tested in court, a dog sniff can be enough probably cause for a deeper warrant.
In the case of Florida v. Harris, Clayton Harris was pulled over for a traffic violation. Upon suspicious behavior, Officer Wheetley deployed drug-sniffing dog Aldo to do a “free sniff ” of the car. Aldo alerted that there were drugs in the vehicle, but a search did not turn up drugs. Instead, the officer found ingredients typically used in making methamphetamine. Harris was not charged and released. The same officer again stopped Harris and again a search did not turn up drugs despite Aldo’s alert. This raised the question of Aldo’s training and reliability, and if a dog’s alert was sufficient enough for a search.
In the case of Florida v. Jardines this year, the Miami Police Department received a tip that Joelis Jardine’s residence was the site of a marijuana grow house. Detectives and a drug-sniffing dog were deployed to the scene. The dog alerted for the illegal substance, and after the detective smelled marijuana from the front porch, he applied for a search warrant that confirmed marijuana was inside the home. The defendant then appealed, stating that the evidence was illegally obtained from his home.
Until recently, the use of drug-sniffing dogs was uncommon, but these cases are ground for investigation into their training and accuracy. Dogs are not a new development to the police force, but as their use increases, the number of controversial cases is bound to follow.
Hinkel discussed his findings from an investigative report published in 2011 that led to information that could go against the case for the dogs. After obtaining data from suburban police departments, he found that of the 877 traffic violation reports in which a drug-sniffing dog was used 44 percent of them discovered drugs. He also found that the success rate was 27 percent for Hispanic drivers, which begs the question of racial profiling.
With less than a 50 percent success rate in finding illegal drugs, many argue if the dogs can be trusted or if their training is sufficient. In his report, however, Hinkel noted that these dogs should not be measured on the number of alerts that discover drugs because a dog’s sense of smell is so keen that a dog will alert if there is even a trace of residue.
As the dogs’ training improves and technology strengthens, the application of the law may be tested again. “I wonder what the laws will be like in the next few years, but I don’t see them changing much,” Flanders said.
“There is pretty much no question that dogs have an acute sense of smell,” Hinkel said. “The data speaks for itself, but they are wrong a lot of the time.”
Although she knows her dogs would never be in this type of situation, Anu Paruchuri, 26, gained a better understanding of a complicated issue. “I am glad that DePaul puts on these events. Everyone should come to them, not for the animals, but for basic rights,” she said.
The DePaul Center of Animal Law researches the policies regarding the rights and welfare of animals. Brett Davinger, a graduate research fellow in the center chose the program on drug-sniffing dogs because it was more than just animal law, rather it was about criminal law and the Constitution.
Davinger concluded the panel with a reminder about the annual fall symposium on Oct. 30. This year’s focus will be on the legal, moral and ethical issues surrounding animals in contemporary food production and distribution.
ξ
Police Dog Q&A (Courtesy of Chicago Police Department):
Where do the police dogs stay when they’re not working?
The dogs stay with their handler’s families. It is the responsibility of the canine handler to care for the dog 24-hours a day.
What breed of dog is used for canine work?
Most of the Chicago Police canines are German Shepards. We also have Belgian Malinois and Labrador Retrievers. These breeds of dogs are working breeds which have the proper drive and temperament to complete the tasks assigned.
How much does it cost to purchase a canine dog?
The price varies, but normally the cost exceeds $5000 per dog. The dog has minimal training when it is purchased and must go through extensive training at the Chicago Police Department Canine Training Center in Des Plaines, Illinois.
How many years can a canine dog work?
Most canines are able to work an average of 10 years. Some dogs remain very healthy and are able to work beyond that point.