Dog as Tool vs. Dog as Evidence

The way I see it, there are two distinct ways dogs are used in forensic and law enforcement applications. Those two are Dog as Tool vs. Dog as Evidence.

Let’s cover Dog as Tool first. An easy way to explain this is to consider a case where a search warrant is obtained by means of evidence that does not involve the dog. In this case, I will assume there is nothing wrong in the process of obtaining the warrant.

Let’s use the example of a homicide where the warrant is to search a residence looking for evidence including possibly the murder weapon. To assist in the case, a dog trained on firearms and gunshot residue is brought in to search the residence, and locates a weapon. In my opinion, this is the functional equivalent of using a metal detector to locate a weapon. Would you challenge the metal detector? I don’t think so. In the same light, the dog’s sniff and alert are really just a tool to help the investigators find evidence. The evidence is the gun, not the dog’s alert. Once we have the gun, the fact that it was located by a dog is irrelevant.

Now, the case of dog as evidence. This is commonly encountered in a traffic stop where the driver refuses to allow a search of the vehicle. Next, a dog is brought in and alerts on the car. The handler’s interpretation of that alert is that there is some contraband in that car and uses that as probable cause to search the vehicle. In this case, the action of the dog (as interpreted by the handler) is the evidence. This evidence allows for a search of the car despite the refusal of the driver. This is a very different case and does require an examination of the dog’s training and deployment records and a careful review of the actions of the dog and handler to determine if the alert was legitimate and thus if probable cause was properly obtained.

To me, the use of a dog as evidence puts an extra level of demand for precision and accuracy on the dog/handler team. If a handler’s interpretation of their dog’s behavior is going to be used as probably cause, it must be properly done. These teams must be held to the highest standards.