What Would You Do? Excluding Dog Tracking Evidence.

by Rick Wetzel on November 19, 2010

Okay, let’s assume there was an armed robbery of a convenience store.  The clerk is unable to identify the robber because she never got a good look at him but she is able to describe his clothing and she identifies a shotgun as the weapon used.  The robber fled the scene after the crime, and a jacket is found outside the store that is consistent with the clerk’s description of the robber’s jacket.

A tracking dog is called to the scene with a trained K9 officer.  The tracing dog sniffs the jacket and follows a trail that leads to a man who is not in possession of the fruits of the robbery.  The dog positively identifies the man as the wearer of the jacket.  However, he is found by the tracking dog hiding under a building near by and there is a shotgun nearby.

The tracking dog has been used only a few times in that capacity.  He has worked with that officer five times.  The dog successfully located a suspect in three of those five times.  It failed to locate a suspect the other times.   The trained dog was purchased from out-of-state.  The dog was certified by a dog club as a trained tracking dog.  There are no uniform standards for certification of a tracking dog.

You are representing your client in a pre-trial hearing to exclude the doc tracking evidence, but the judge limits you to five questions to the K9 officer.  What five questions would you ask?

Share and Enjoy:
  • Print
  • Digg
  • StumbleUpon
  • del.icio.us
  • Facebook
  • Yahoo! Buzz
  • Twitter
  • Google Buzz

Related posts:

  1. Dog Tracking Evidence: Can That Dog Testify?

{ 2 comments… read them below or add one }

allenrogers December 2, 2010 at 12:25 am

1. Isn’t it true you are relying on the dog for identification?
2. You cannot talk to the dog, can you?
3. Does the dog talk to you?
4. There are no nationally-recognized or standard certifications to prove the dog is qualified to do what you said it did, isn’t that a fact?
5. In fact, what the dog did is locate a stranger and stand next to him, isn’t that true?


Rick Wetzel December 10, 2010 at 9:54 am

1. Yes. 2. No. 3. No. 4. Yes, that is a fact. 5. Yes, that did happen.


Leave a Comment

Previous post:

Next post: