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Legal Issues
While the use of dogs in law enforcement for the purposes of detecting drugs and bombs has become common throughout the United States, the use of HRD dogs for investigative purposes is much more uncommon. Even more rare is the use of HRD dogs to establish probable cause for a search. Currently, there is very minimal case law regarding the use of this tool within Wisconsin or the United States. As of late 2006, 8 search warrants have been granted based upon the work of CSS.
Issues to be considered by LE when selecting an HRD dog team:
- What has the team been trained to detect?
- Has the handler maintained detailed training logs?
- Has the dog been trained to detect only human remains, or is the dog team cross-trained in live person search?
- What certification or proficiency has the team demonstrated?
- What are the team's experiences and reliability in the field?
- Does the handler possess the ability to complete an accurate police report of their actions, and can the handler testify to their training and experience in court?
- Can the particular HRD dog team's indication stand up as probable cause?
- Does the HRD dog provide an indication that will not damage evidence?
Search issues to be considered by LE when using an HRD dog team:
- Is the area to be searched public or private?
- If private, are there exigent circumstances, consent, or a search warrant?
- Does the Carroll Doctrine apply?
- When is it ok to use more than one dog team?
- Will using more than one dog team result in differing opinions which could harm the outcome of a homicide case?
CSS can be consulted to assist an agency in credentialing a potential HRD dog team.
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