NCJ Number
60660
Journal
Oklahoma Law Review Volume: 31 Issue: 3 Dated: (SUMMER 1978) Pages: 709-717
Date Published
1978
Length
9 pages
Annotation
USE OF SNIFFER DOGS FOR DRUG SEARCHES IN THE MILITARY IS EXAMINED IN THE LIGHT OF RECENT CIVILIAN COURT CASES AND MILITARY APPEALS COURT DECISIONS. THE MILITARY AND CIVILIAN COURT DECISIONS ON DRUG SEARCHES CONTAIN
Abstract
SIMILAR ELEMENTS. THE BASIC ISSUES INVOLVED ARE INTERPRETATIONS OF THE REASONABLE EXPECTATION OF PRIVACY, THE REASONABLENESS OF THE INVESIGATOR'S CONDUCT, AND WHETHER THE USE OF DOGS CONSTITUTES A SEARCH OR MERELY AN EXTENSION OF THE POLICE OFFICER'S SENSES USED ROUTINELY. A STRONG CASE EXISTS FOR CONSIDERING DOGS AS A SENSE ENHANCING DEVISE SIMILAR TO A FLASHLIGHT. NEVERTHELESS, THE MANNER OF USE OF THE DOG HAS BEEN CENTRAL TO COURTS' RULINGS. IN EACH CASE IN WHICH SNIFFER DOGS WERE USED, A TIP OR SUSPICION OF DRUG USE WAS INVOLVED, BUT WAS NOT SUFFICIENT TO ESTABLISH PROBABLE CAUSE FOR A SEARCH WARRANT. NEXT, THE DOG WAS BROUGHT TO THE AREA AND ITS POSITIVE REACTION RESULTED IN OBTAINING A SEARCH WARRANT OR AUTHORIZATION. IN THE MILITARY, THE INDIVIDUAL LIVING AREA IS ONE WHERE A REASONABLE EXPECTATION OF PRIVACY EXISTS, WHEREAS COMMON AREAS DO NO CARRY A SIMILAR EXPECTATION OF PRIVACY. AS THE EXPECTATION OF PRIVACY DECREASES, THE CASE FOR REASONABLENESS OF POLICE CONDUCT BECOMES STRONGER. NEITHER CIVILAN NOR MILITARY COURTS SHOULD ALLOW INDISCRIMINATE USE OF SNIFFER DOGS IN THE ABSENCE OF SPECIFIC INITIAL GROUNDS FOR SUSPICION. THE MILITARY NECESSITY DOCTRINE SHOULD NOT BE EXTENDED TO INCLUDE UNWARRANTED SEARCHES DIRECTED AGAINST A PARTICULAR INDIVIDUAL FOR THE SOLE PURPOSE OF STARTING CRIMINAL PROCEEDINGS. SNIFFER DOGS ARE THEREFORE A LAW ENFORCEMENT TOOL TO BE USED ACCORING TO CERTAIN RESTRICTIONS IMPOSED IN ORDER TO PRESERVE CITIZENS' RIGHTS. FOOTNOTES AND REFERENCES ARE INCLUDED. (CFW)