Our Florida Supreme Court was asked to decide this important canine Question of Law which has kept even your favorite crime attorney in Clearwater in suspense: When does a drug-detection dog’s alert to the outside of a vehicle provide a police officer with probable cause to search the inside of that vehicle without a search warrant?
I tend toward the view that when brave Aldo (the famous dog you’ll read about in the case below) smells so much marijuana that he slumps down while eating lots of treats from the munchies that sufficient probable cause has been established for an immediate arrest of anyone in the vicinity, the Florida Supreme Court agrees:
Officer William Wheetley and his drug-detection dog, Aldo, were on patrol. Officer Wheetley conducted a traffic stop of Harris’s truck for an expired tag. Upon approaching the truck, Officer Wheetley noticed that Harris was shaking, breathing rapidly, and could not sit still (editors note: Harris is the Defendant, not the dog.)
Officer Wheetley also noticed an open beer can in the cup holder. When Officer Wheetley asked for consent to search the truck, Harris refused. Officer Wheetley then deployed Aldo. Upon conducting a ‘free air sniff’ of the exterior of the truck, Aldo alerted to the door handle of the driver’s side.
Underneath the driver’s seat, Officer Wheetley discovered over 200 pseudoephedrine pills in a plastic bag wrapped in a shirt. On the passenger’s side, Officer Wheetley discovered eight boxes of matches containing a total of 8,000 matches. Officer Wheetley then placed Harris under arrest. A subsequent search of a toolbox on the passenger side revealed muriatic acid. Officer Wheetley testified that these chemicals are precursors of methamphetamine. After being read his Miranda Rights, Harris stated that he had been cooking meth for about one year and most recently cooked it at his home in Blountstown two weeks prior to the stop. Harris also admitted to being addicted to meth and needing it at least every few days.”
|Carl Locher with his dog Tiger by Michael Archer, 1909|