Accuracy Australia in
Sydney in 2017 In 2001, the Australian state of
New South Wales introduced legislation that granted police the power to use drug detection dogs without a warrant in public places such as licensed venues (venues licensed to serve alcohol),
music festivals, and
public transport. The law was reviewed in 2006 by the
New South Wales Ombudsman, who handed down a critical report regarding the use of dogs for drug detection. The report stated that prohibited drugs were found in only 26% of searches following an indication by a drug sniffer dog. Of these, 84% were for small amounts of
cannabis deemed for personal use. In late 2014, reports were first published alleging that NSW Police were routinely using drug detection dog indications as a justification for conducting invasive strip searches, particularly at major events such as music festivals (see
New South Wales Police Force strip search scandal). Data obtained from NSW Police shows that between 1 July 2014 and 30 June 2020, officers conducted 27,835 strip searches "in the field" (outside of a police station). Separate data shows that during the same six-year period, officers conducted 5659 strip searches resulting from drug detection dog indications.
United States |221x221px The 1983 Supreme Court decision
United States v. Place ruled that it did not violate a person's
Fourth Amendment rights to have a dog sniff a person's luggage or property in a public place without a
search warrant or
probable cause. This was extended to include routine traffic stops in
Illinois v. Caballes (2005), provided it does not unreasonably prolong the duration of the stop. In his dissent, Justice
David Souter observed: The infallible dog, however, is a creature of legal fiction. Although the
Supreme Court of Illinois did not get into the sniffing averages of drug dogs, their supposed infallibility is belied by judicial opinions describing well-trained animals sniffing and alerting with less than perfect accuracy, whether owing to errors by their handlers, the limitations of the dogs themselves, or even the pervasive contamination of currency by
cocaine. In 2011, civil rights activists claimed that detection dogs responses are influenced by the biases and behaviors of their handlers, which can hinder accuracy. Another factor that affects accuracy is residual odors. Residual odors can linger even after illegal materials have been removed from a particular area, and can lead to false alarms. Additionally, very few states have mandatory training, testing, or certification standards for detection dogs. Also in 2013, the Supreme Court ruled in
Florida v. Jardines that having a drug dog sniff the front porch of a private home is considered to be a search within the meaning of the Fourth Amendment, requiring both probable cause and a search warrant. False alerts by dogs have led to wrongful convictions. Sniffer dogs can be trained to detect crop pests and diseases. A study by the US Department of Agriculture found that sniffer dogs identified trees infected with
citrus greening disease with 99% accuracy; they could detect infection as early as two weeks after onset.
Civil rights Detection dogs give police the potential to conduct searches without cause, in a manner that is unregulated. They are often accused of being motivated more by the state's desire to be seen doing something than by any serious desire to respond to the dangers of drug use. In June 2012, three
Nevada Highway Patrol officers filed suit against
Nevada's Director of Public Safety, alleging that he violated the police dog program by intentionally training canines to be "trick ponies" to falsely alert based on cues from their handlers (
Clever Hans effect) so as to enable officers to conduct illegal searches of vehicles. The lawsuit claims that in doing so, he and other top Highway Patrol officers had violated the federal
Racketeer Influenced and Corrupt Organizations Act (RICO Act). In Norway, students were subjected to a drug search in their classroom by a detection dog. The students didn't have to be present in the room while the dogs searched; however, they were forced to answer questions by the police instead. An article in
Tidsskrift for strafferett, Norway's journal of
criminal law, claims that such searches breach
Norwegian law. ==See also==