December 14, 2012
Miller on Drug-Sniffing Dogs and Compulsory Process
Colin Miller (University of South Carolina School of Law) has posted Beware of the Diamond Dogs: Why a 'Credentials Alone' Conception of Probable Cause Violates the Compulsory Process Clause (Loyola University New Orleans Journal of Public Interest Law (Forthcoming)) on SSRN. Here is the abstract:
In Florida v. Harris, the State has asked the Supreme Court to find that a positive alert by a certified narcotics-detection dog is per se sufficient, in and of itself, to establish probable cause for the search of a vehicle. This essay, to be published in conjunction with Leslie Shoebotham's amici brief in Harris, argues that this "credentials alone" conception of probable cause violates the Compulsory Process Clause.
December 14, 2012 | Permalink