5 Mar 2013
Much has been written about the impact of the use of drug-sniffing dogs on the Fourth Amendment rights of the citizens, and recent case law indicates that the erosion of our protection against unreasonable searches and seizures is continuing, particularly in the case of dogs used to detect drugs in vehicles.
To hear law enforcement officials tell it, you would think that the dogs they use to detect the presence of drugs are just about perfect. Canines are used by police departments, border agents, and even parents trying to find out if their own children are using illegal substances. But are the dogs ever wrong? And what are the potential ramifications if they are?
The answer to the first question is “yes”. And the consequences can be serious. Interestingly, the incident giving rise to the answers took place right here in Austin. It wasn’t a traffic stop that was involved, or a drug warehouse, or any commercial facility at all – it happened at Anderson High School!
We’re told that officers from the APD make unannounced visits to local schools with dogs in tow trying to sniff out several drugs, including heroin, marijuana, cocaine and methamphetamine. The dogs are also trained to identify gunpowder. During one of the recent visits, a police dog named Bruno identified homemade brownies baked by a 16-year old sophomore for her boyfriend, and officers, based upon the canine identification, determined that the illegal drug detected was marijuana. What followed was an embarrassment to the young woman and her family. She was interrogated by the police, her parents were notified, and word quickly spread. Before any evidence was in, she had been given a new nickname – Stoner.
The investigation ended only when the brownies were analyzed and found to be drug free. It was too late, however, to reverse the damage to the teenager’s reputation. And damage to reputation in these days of Facebook and other social media websites can occur fast, and can cause lasting damage to innocent youngsters.
We’re not sure what caused the problem here. Maybe it was that Bruno just had a bad day. Or maybe he wasn’t trained properly. Perhaps his handler misinterpreted Bruno’s actions. Whatever the reason, we believe that something is definitely wrong with this picture.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737