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OR: Challenge to training of drug dog failed

By John Wesley Hall, Jr.

Challenge to whether drug dog was “properly trained” to find drugs failed. While there were two methods of training, neither mistrains the dog. State v. Foster, 2010 Ore. App. LEXIS 4 (January 6, 2010): Defendant, who was convicted of possession of methamphetamine, ORS 475.894, argues on appeal that the trial court erred in denying his motion to suppress evidence found during a warrantless search of his car. In particular, defendant argues that the trial court erred in concluding that probable cause existed to support the search. As explained below, we conclude that the trial court properly denied suppression. Accordingly, we affirm. . . . In particular, we note that two aspects of the state's evidence strongly suggest that, for the purpose at issue here, Benny is adequately trained to detect drugs...continue to full post

Full post as published by Fourth Amendment on January 09, 2010 (boomark / email).