The Supreme Court ruled today in Florida v. Harris that the police may use drug detection dogs to conduct searches without a warrant even when the dog finds drugs they are not trained to detect. The Florida Supreme Court had ruled that the search was unlawful because the State failed to provide field performance records to establish the dog's reliability. The U.S. Supreme Court unanimously reversed in an opinion written by Justice Elena Kagan, rejecting the Florida court's "inflexible checklist" of necessary evidence in favor of a more flexible, "common-sensical standard." EPIC filed an amicus curiae brief in the case, arguing that "investigative techniques should be used based on research, testing, and data indicating reliability." EPIC cited a recent National Academy of Sciences report highlighting the lack of reliable standards for investigative techniques. Late last week, the Department of Justice announced a new initiative to improve forensics reliability. For more information, see EPIC: Florida v. Harris.
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by Ryan Calo, A. Michael Froomkin,