CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, December 14, 2012

Miller on Drug-Sniffing Dogs and Compulsory Process

Miller colinColin 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.

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