Tuesday, March 26, 2013
Jane Bambauer (University of Arizona - James E. Rogers College of Law) has posted Defending the Dog (92 OR. L. Rev. __ (2013, Forthcoming)) on SSRN. Here is the abstract:
This short essay makes the uneasy case for the narcotics dog. Those in favor of U.S. drug enforcement presumably need no convincing, but this Article intends to address the concerns of skeptics who worry about unjust drug enforcement, or who believe that criminalization is just plain bad policy. Dogs are just the first generation of a new set of law enforcement tools that can help us divorce criminal investigation from the bias and discretion that comes with traditional policing.
Part I presents the results of new survey research showing that Americans are much more likely to believe police dogs violate the right to privacy when they are used to detect drugs than when they are used to detect dead bodies. Instincts about privacy and criminal procedure are influenced by the unpopularity of drug enforcement policies.