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CA10: Drug dog success rate of 80% is PC

By John Wesley Hall, Jr.

Drug dog success rate of 80% is probable cause. United States v. Bertram, 2009 U.S. App. LEXIS 649 (10th Cir. January 13, 2009)* (unpublished). Officer had probable cause for stop based on speeding in a work zone, and reasonable suspicion for a further detention based on information from the DEA. United States v. Beltran-Aguilar, 2009 U.S. Dist. LEXIS 2566 (D. Kan. January 14, 2009): Even though the activities of defendants and the Honda's relationship to drug activity may have been ambiguous and susceptible of innocent explanation, officers may detain individuals to resolve the ambiguity. Illinois v. Wardlow, 528 U.S. 119, 126, 120 S. Ct. 673, 145 L. Ed. 2d 570 (2000) (Terry accepts risk that officers may stop innocent people); see United States v...continue to full post

Full post as published by Fourth Amendment on January 19, 2009 (boomark / email).