A Review of the Constitutional Approach to Drug Detection by Dogs

Abstract

The current Supreme Court approach to the nuances involved in drug detection dogs is fundamentally flawed. The current approach places too much reliance on the accuracy of canine detection dogs and the incentives law enforcement has to keep accurate canines. This article attempts to elaborate on Justice Souter’s dissent in Caballes: The infallible dog. Part 7 proposes a model for the Supreme Court’s “bona fide organization” training program and explores an alternative standard in calculating probable cause for detection dogs.