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Drug Detection Drugs – Probable Cause

By: Derek Hawkins//August 3, 2015//

Drug Detection Drugs – Probable Cause

By: Derek Hawkins//August 3, 2015//

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Criminal

7th Circuit Court of Appeals

Opinions: WOOD, Chief Judge, and FLAUM and MANION, Circuit Judges

Drug Detection Drugs – Probable Cause

No. 13-2995 United States of America v. Larry Bentley, Jr.

Drug detection dogs 59.5% field accuracy rate good enough to support finding of probable cause.

“Even if we were to ignore Harris and focus on Lex’s 59.5% field-accuracy rate, though, that rate is good enough to support a finding of his reliability and thus to allow his alert to constitute a significant piece of evidence supporting the ultimate conclusion of probable cause. In the past, we have concluded that a 62% success rate in the field is enough to prevail on a preponderance of evidence, and we have gone on to note that “’probable cause’ is something less than a preponderance.” United States v. Limares, 269 F.3d 794, 798 (7th Cir. 2001) (citation omitted). Other circuits have accepted field detection rates less than Lex’s 59.5%. See, e.g., United States v. Holleman, 743 F.3d 1152, 1157 (8th Cir. 2014) (57%); United States v. Green, 740 F.3d 275, 283 (4th Cir. 2014) (43%). This should not become a race to the bottom, however. We hope and trust that the criminal justice establishment will work to improve the quality of training and the reliability of the animals they use, and we caution that a failure to do so can lead to suppression of evidence. We will look at all the circumstances in each case, as we must.”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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