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K9 Officer's Legal Handbook, Second Edition with 2014 Supplement

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Know and understand the legal issues faced by dog handlers.

"No precise count exists, but many police service dog experts estimate that there are at least 7,000 police service dog teams working in law enforcement agencies in the United States and many hundreds in Canada." (From the Introduction)

This estimate is a number that continues to grow, and use of police service dogs is increasing in virtually every aspect of law enforcement. Dogs and dog handlers are often at the forefront of modern legal and criminal justice theories and techniques, and they face issues similar to, but entirely unique from the issues faced by every law enforcement officer.

From searches, seizures and warrants to admissibility of evidence and unique issues commonly faced by K-9 officers on the witness stand, K9 Officer's Legal Handbook is an authoritative and concise reference and is the latest addition to the Officer's Handbook Series. Author Ken Wallentine, a nationally recognized expert, examines the many legal issues surrounding the use of police dogs. From drug detection and use of force to labor law concerns unique to dog handlers, Wallentine explores the full range of K-9 deployments in an accessible and practical manner. Handlers, trainers, and policy makers will all benefit from the Handbook's "in the field" approach.

Authors / Contributors

Table of Contents

About the Author

Dedication

1. Introduction

2. Constitutional Search, Seizure and Use of Force Principles

§2-1. Introduction: What Constitutes a Search?

§2-2. Probable Cause and Reasonable Suspicion

§2-3. Non-search Investigatory Activities

§2-4. Exceptions to the Search Warrant Requirement

§2-5. Use of Force to Seize a Person

§2-6. Summary

3. Patrol Service Dogs

§3-1. Does Deployment of Police Service Dogs Equal Deadly Force?

§3-2. Bite and Hold, Bark and Hold, and Bite Radio Myths

§3-3. General Rules for Deployment of Patrol Service Dogs

§3-4. Felony Deployment

§3-5. Misdemeanor Deployment

§3-6. Necessity of Warnings and Exceptions to Warnings Rule

§3-7. Necessity of Handler Control

§3-8. Correctional Institution Applications for a Police Service Dog

§3-9. Tactical Team Applications for a Police Service Dog

§3-10. Principles of Liability

§3-11. Risk Management Strategies for Controlling Liability

§3-12. Supervisory Liability

§3-13. Summary

4. Drug Detector Dogs

§4-1. A Sniff is Not a Search

§4-2. Detector Dog Terminology

§4-3. Triad of Foundation Elements for Detector Dog Testimony

§4-4. Sniffs of Persons

§4-5. Vehicle Sniffs

§4-6. Sniffs Incidental to Vehicle Inventories

§4-7. Sniffs During Traffic Checkpoints

§4-8. Parking Area Sniffs

§4-9. Bus, Railcar, and Airplane Luggage Interdiction

§4-10. Watercraft Interdiction

§4-11. School Sniffs and Searches

§4-12. Parcel Interdiction

§4-13. Storage Locker Sniffs

§4-14. Currency Sniffs

§4-15. Residential Sniffs

§4-16. Record Keeping Considerations

§4-17. Summary

5. Accelerant Detector Dogs

§5-1. Fourth Amendment Intrusion

§5-2. Administrative or General Search Warrant?

§5-3. Establishing Reliability

§5-4. Summary

6. Explosive Detector Dogs

§6-1. Does a Positive Final Response Create Probable Cause to Search?

§6-2. Border Searches

§6-3. Administrative Searches at Secured Buildings

§6-4. Investigatory Sniffs

§6-5. Special Needs Sniffs

§6-6. Explosive Detector Dog Reliability

§6-7. Summary

7. Human Detector Dogs

§7-1. Acceptance of Dog Scenting Evidence

§7-2. Establishing an Evidentiary Foundation for Tracking or Trailing Dog Evidence

§7-3. Canine Evidence as Substantive Evidence of Criminal Involvement

§7-4. Human Scent Lineups

§7-5. A Fair and Impartial Human Scent Lineup

§7-6. Emergency Searches of Private Property

§7-7. Searching Public and Private Areas with Human Remains Detector Dogs

§7-8. Human Remains Detector Dog Evidence of Presence of Human Remains

§7-9. Summary

8. Other Service Dog Disciplines

§8-1. Wildlife Detector Dogs

§8-2. Agricultural Detector Dogs

§8-3. Summary

9. Labor Law Issues for Police Service Dog Handlers

§9-1. General FLSA Provisions

§9-2. Home Care

§9-3. Transportation Time

§9-4. Training, On-call Time, and Call-outs

§9-5. Damages

§9-6. FLSA Solutions

§9-7. Summary

10. Drug Detector and Patrol Dog Testimony

§10-1. Principles of Court Testimony

§10-2. Foundation Questions

§10-3. Training Questions

§10-4. Drug Detector Dog Questions

§10-5. Pseudo-Narcotic Questions

§10-6. Incident Questions

§10-7. Currency Questions

§10-8. Patrol Service Dog (Use of Force Liability) Questions

11. Appendices

§11-1. Sample Policy for Drug Detector Police Service Dog Deployment

§11-2. Sample Policy for Patrol Dog Deployment

§11-3. Glossary of Detector Dog Terminology

§11-4. English and Spanish Deployment Warnings

§11-5. North American Police National and Regional Service Dog Organizations and Training
Resources

§11-6. Sample Search Warrant Affidavit Based on Drug Detector Dog Deployment

§11-6a. Sample Parcel Search Warrant Affidavit

§11-7. Bibliography and Advanced Readings

Table of Cases

Index