Harris v. State’s Empirical Analysis

Citation profile

1 federal appellate · 18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he State must present . . . the dog’s training and certification records, an explanation of the meaning of the particular training and certification, field perform-nance records (including any unverified alerts), and evi- denee concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog’s reliability.” Id., at 775 .”

   4 later decisions quote this exact passage
   e.g. Florida v. Harris · 73 So. 3d 791 - Joe v. State

2. “the State, which bears the burden of establishing probable cause, must present all records and evidence that are necessary to allow the trial court to evaluate the reliability of the dog. The State’s presentation of evidence that the dog is properly trained and certified is the beginning of the analysis. Because there is no uniform standard for training and certification of drug-detection dogs, the State must explain the training and certification so that the trial court can evaluate how well the dog is trained and whether the dog falsely alerts in training (and, if so, the percentage of false alerts). Further, the State should keep and present records of the dog’s performance in the field, including the dog’s successes (alerts where contraband that the dog was trained to detect was found) and failures (“unverified” alerts where no contraband that the dog was trained to detect was found). The State then has the opportunity to present evidence explaining the significance of any unverified alerts, as well as the dog’s ability to detect or distinguish residual odors. Finally, the State must present evidence of the experience and training of the officer handling the dog.”

   2 later decisions quote this exact passage
   e.g. Blalock v. State · 72 So. 3d 154 - Wiggs v. State

3. “Argos was recently certified by two national organizations with strict training standards and his training and field records, although imperfect, provide a sufficient basis to establish Argos’ alert was sufficiently reliable to provide probable cause to search. Thus, the Court finds that based on the totality of the circumstances, officers had a reasonable basis for believing that Argos was reliable at the time of search, and that Argos’ alert indicated a fair probability that drugs would be found in Defendant’s vehicle.”

   1 later decision quote this exact passage
   e.g. Bennett v. State