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When I reviewed the oral
argument last November in Florida v.
Harris, I wasn't too sanguine about the prospects of the Court's affirming
the Florida Supreme Court's decision establishing a lengthy checklist of items
which had to be considered in determining whether a drug dog was sufficiently
reliable so that his alert could provide probable cause for a search. That skepticism was borne out on Tuesday,
when the Court unanimously
reversed. There may be a nugget or
two for defense attorneys confronted with a search prompted by a dog alert, but
you have to do some digging to find them.
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