Grimm v. State

In the context of a probable cause determination, the issue of a drug detection dog’s reliability is a legal question to be reviewed de novo.Sergeant Christopher Lamb initiated a traffic stop of a vehicle that Petitioner had been driving. A drug detection dog arrived at the scene of the traffic stop, scanned the vehicle, and alerted to it. Sergeant Lamb searched the vehicle and found drugs inside. The circuit court determined that the drug detection dog was reliable. The Court of Appeals affirmed, holding (1) the ultimate question of probable cause to conduct a warrantless search of a vehicle based on a drug detection dog’s alert is reviewed de novo, but the issue of a drug detection dog’s reliability is a factual question, and accordingly, an appellate court reviews for clear error a trial court’s determination as to whether a drug detection dog is, or is not, reliable; and (2) the circuit court in this case did not clearly err in determining that the drug detection dog was reliable, and under the totality of the circumstances, that the arresting officer had probable cause for the search. View "Grimm v. State" on Justia Law