if she doesn’t sit, you must acquit: man beats drug charge thanks to sniffer dog’s ‘partial’ signal - solar powered car air freshener

The final judge's question is simple --
Does the German Shepherd dog Doods sit there or inform her, and then the police have reason to search a minivan for drugs?
Among them, they found 27,500 of the lethal infusions.
But if Doods doesn't sit down, parking and searching can be considered illegal.
Unfortunately, the police believe that Doods only gave a "partial" seat, and the judge ruled that it was "highly ambiguous" and certainly not a clear signal of the presence of drugs in minivans. In the end, B. C.
Supreme Court Justice Michael brundrette
Search is illegal, five 17. 5-
Therefore, a bag of pound pills was excluded from the evidence.
The driver Sandor Rigo was acquitted.
The road to trial began at a traffic station in April 2017. Cpl.
Clayton catalier is patrolling traffic on Highway 1 near chillivak. C.
When a brown Ford Windstar minivan was driving behind him, the speed exceeded the speed limit of 15 kilometers per hour.
Catellier, drive the van.
The vehicle smelled of Cologne or air freshener, and Rigo "shook violently" on the steering wheel ".
The official believes that there are a number of suspicious phones in the car, including BlackBerry phones, because their encryption function makes them popular with drug dealers.
Combine the story of Rigo driving from Calgary to Vancouver and coming back to buy old tires --
"One of the most illogical travel stories (Catellier)
The judge wrote: "I heard he has had hundreds of traffic jams
The Highway 1 between chillivak and hope is a known drug corridor, and cateller is enough to bring his search dog over.
According to the ruling, he found 30 to 50 drugs, and in the training course he only found false positives --
Find drugs in places without drugsjust one time.
When I smell the car
Her tail swayed, her nose bouncing from the van
Catellier says Doods is starting to signal drugs.
She "raised her paw" and put her hand on the side of the car.
Then she tried to sit down and say there was a drug, says cathrier.
That's when something went wrong.
"This time, she went to sit and seemed to be startled by her rear --
Eventually hit the concrete guardrail on the passenger side of the truck, "the ruling said.
Nevertheless, Catellier believes that part of the sitting is enough: he arrested Rigo on the grounds that Doods said there was drugs and the cash he found in the Rigo wallet during the frisk period
"The signal from the dog and the dog that we rely on it to give the police what they don't have, which is the reason for the arrest," said Michael Spratt, Ottawa defense lawyer: "detain the person, criminal proceedings began. ".
"These are very extreme forces.
"No drugs were found in the search of vehicles on the side of the highway.
Police dragged the van into the town and a mechanic removed the tires for a search.
No drugs were found.
Then Catellier noticed a Bondo, an automatic
Body filler, on the back console he didn't notice before, search again.
Inside the inner shell of the right wheel well, he found five plastic bags filled with the pill.
Rigo is accused of owning property for trafficking purposes.
But if Doods really reminds Catellier of drugs, if she doesn't, it's an investigation into former Anaheim County police officer Andre Falco Jimenez, to testify for the defense
After watching a video of police officer dash cam, he said he did not believe the dog had any signs of drugs.
"He described the dog as very lazy . . . . . . Dogs who find it are usually happy, engaged, excited, and more alert because they want to be able to play with toys, the ruling said.
But according to the overall credibility of the dash cam video and Catellier, the judge did find that Doods did sit down to some extent.
Critical moments are blocked in the dashboard camera video.
However, given that the officer had never seen a partial sitting before, the judge said that it was not reasonable to conclude that, in fact, it was a sign of drugs in the car --
The seat is "very vague ".
The judge concluded that even if Doods showed subtle signs, such as opening the nostrils, Catellier had other problems --
Luxury minivan interior and cash-
Part of the sit-in is a key element of arrest.
As it was illegal, the arrest violated Rigo's franchise and he was released without charge.
The court's questioning of the dog's conduct was not particularly common, Mr Spater said, ruling that lawyers could not provide cases in which any other dog in Canada issued a vague warning.
"When you look at what the dog is actually doing, you start with a time when you have no reason to arrest or search," said Spratt, "so the dog has to get you over a reasonable hump . ".
"If the dog's behavior is ambiguous, then I think it is reasonable to say that it does not give you the additional evidence you need.
"The Supreme Court of Canada ruled on 2008 and 2013 on the constitutional nature of the sniffing dog search, saying they were fine.
Sniffing dogs and their abilities have been controversial in the United States. In a 2015 U. S.
In an appeal court ruling, the judges said that if the sniffing dog school had a class ranking, the detector dog Lex "would have been at the bottom of his class.
"While the judge still confirmed this certain offence, the defendant argued that Lex was very bad in his work and therefore should not rely on his alarm in the next phase of the search.
Email: tdawson @ postmedia.