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Case Law :: Report Writing

Foundation for Admissibility

As a handler you can expect to have to lay the proper foundation for the use of your canine in court. I have laid out a sample of what you might be expected to address when you are in court on an arrest involving a track.

  1. Qualifications of the Handler
    1. School, dog handling training courses
    2. Experience as a police officer-experience as a dog-handler
    3. Number of people apprehended with the dog
  2. Qualifications of the Dog
    1. Training, type and amount
    2. Awards, honors, place in class, medals
    3. Accuracy in his field (tracking vs. drugs, or both)
    4. Dog's experience
  3. Circumstances of Case
    1. Atmospheric conditions (Daylight/Darkness/Humidity)
    2. Trail indicates guilty party had been there
    3. Trail not stale or contaminated to be beyond dog's competency

Observations on Report Writing

  1. Do not rely on original report
  2. Change style of report writing
    1. Do not write for TAC officer
    2. Do not write for training officer
    3. Do not write for sergeant
    4. Write for yourself
    5. Expect to be sued
  3. Your report regarding the deployment of your dog should be written as if you are preparing a report as a result of an officer-involved shooting.
    1. Why did you deploy your dog?
    2. Was a warning given? If not, why?
    3. Was a felony involved? Why did you feel a felony was involved?
    4. Establish probable cause to deploy your dog.
    5. What tactics were employed? Why?
    6. Could you see the hands of the suspect when your dog engaged the suspect?
    7. Imperative to put in report that your dog was immediately called off once you were able to see the hands of the suspect and determined that he was not armed.
    8. After dog is called off, he should be immediately leashed. Handcuffing should be done by backup officers, unless unusual circumstances exist.
  4. Be aware of discoverable material
    1. Assume that everything is discoverable.
    2. Be careful of what you write and how you write it.

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