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SCOTUS unanimously overturns Florida v. Harris

On February 19, 2013, in Drug War, by Scott Alexander Meiner

U.S. Supreme Court unanimously overturns Florida Supreme Court ruling requiring field records for drug-dogs, apparently accepting the farcical argument that police are without incentives for false positives–despite the fact that many police departments rely on whatever they can seize to fund department budgets (and often salaries):

After all, law enforcement units have their own strong incentive to use effective training and certification programs, because only accurate drug-detection dogs enable officers to locate contraband without incurring unnecessary risks or wasting limited time and resources. Florida v. Harris, ___ U.S. ___ (2013).

For a more rational view, see Loyola of New Orleans Law Professor Leslie A. Shoebotham’s Off the Fourth Amendment Leash?: Law Enforcement Incentives to Use Unreliable Drug‐Detection Dogs. [Full article available here at SSRN.] [Professor Shoebotham also authored the Fourth Amendment Scholars Amici Curiae briefs in Florida v. Jardines and Florida v. Harris.]

 

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