Been following this one for awhile now LL. Since the SCOTUS shot down a well executed challenge to current law in Florida v Harris. http://www.supremecourt.gov/opinions/12pdf/11-817_5if6.pdf Drug dogs are found to falsely alert at rates far exceeding acceptability in any other standard for probable cause. UC Davis has an incredible study showing the "Incredible Hans Effect" at work in every single case studied as it applies to handlers and their dogs. http://www.ucdmc.ucdavis.edu/welcome/features/2010-2011/02/20110223_drug_dogs.html
When the Florida shit went that way, I wasn't having much hope for the door to door without a warrant one.....splitting hairs. The main difference is vehicle versus personal land. Vehicle is on state land and falls under different search laws then your home and land. Basically, as my cop friend put it, once you are stopped, they don't even need the dog to do a search if they wanted to. The fact that they stopped you is enough for probable cause. That is where knowing your rights and not acting like a dumb ass come in.
Splitting hairs is it. The courts don't want to overturn or cast doubt on decades of imprisonments, seizures and convictions if rational standards are imposed on drug dogs. But, they can't ignore private property laws. Similar to not being able to step on your property to look in your garbage cans, but once they're out for pick up it's open game. Even though the under issue of excessive under reported false alerts may have been decided legally, it still remains a problem of concern. You do know what LEO's response to this will be don't you? Why more dogs of course! They can't be arsed waiting for a dog to arrive if the "perp" knows they can simply drive away before it gets there. Every squad will simply have to have a dog. Nothing else will give them the impact they need to keep our community safe and children from dying at the hands of felon pot dealers. Another $8k DEA grant per dog would net most small or mid sized forces a tidy sum.
