EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

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Monday, December 3, 2012

My New Essay: Beware of the Diamond Dogs: Why a “Credentials Alone” Conception of Probable Cause Violates the Compulsory Process Clause

Back in September, I posted an entry about the amici brief submitted by Leslie Shoebotham, an Associate Professor at the Loyola University New Orleans College of Law, in Harris v. State, 71 So.3d 756 (Fla. 2011). See Brief of Amici Curiae Fourth Amendment Scholars in Support of Respondent, 2012 WL 3864280 (2012) [Download Harris Amici Brief]. The issue in Harris is whether 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. The State argues that the question should be answered in the affirmative pursuant to a "credentials alone" conception of probable cause. Professor Shoebotham argues against this "credentials alone" approach in her brief, which will be published in the Loyola University New Orleans Journal of Public Interest Law. She asked me to submit a companion essay to the blog, and I have just posted the first draft of that essay on SSRN. That essay is Beware of the Diamond Dogs: Why a “Credentials Alone” Conception of Probable Cause Violates the Compulsory Process Clause, and here is its 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.

-CM

http://lawprofessors.typepad.com/evidenceprof/2012/12/my-new-essay-beware-of-the-diamond-dogs-why-a-credentials-alone-conception-of-probable-cause-violate.html

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