The other day, I was reviewing a video from a police drug stop on Interstate 80 in Lincoln, Nebraska, with a drug dog expert. The expert provided me with a lot of ammunition to attack the government’s case after reviewing the video and the dog’s training records, specifically whether the drug dog was adequately trained and whether the drug dog indicated the Smell of narcotics. During our conversation, I inquired about the “Smell Proof” bags used to store the marijuana and whether the Custom Smell Proof Bags worked. In this case, I believe the bags were the LOKSAK Opsak bags. The expert confirmed that he had tested the Custom Smell Proof Bags in a controlled environment. Unfortunately, the dog’s reasoning did not bear fruit because Custom Smell Proof Bags were rarely successful.

In a Controlled Environment, Custom Smell Proof Bags

The expert explained that he used laboratory precautions, such as rubber gloves, to place marijuana into Custom Smell Proof Bags and ensure that the bags were not contaminated. The expert then drove a drug dog around the Custom Smell Proof Bags containing marijuana. There was no marijuana Smell detected by the dog. He repeated the experiment with various narcotics, such as cocaine, methamphetamine, and heroin, and the dog did not indicate. I was impressed by the expert’s diligence and scientific approach when he told me about the precautions he took to ensure no contamination.

Custom Smell-Resistant Bags in a Criminal Case

I told the expert that when I represent people who are transporting marijuana, methamphetamine, or cocaine on the interstate, the drugs are either heat sealed or placed in Smell sealed bags, but the dogs still indicate. Manufacturers who advertise Custom Smell Proof Bags, according to the expert, do not always provide High-Quality Custom Smell Proof Bags, and it is simple to contaminate them. Furthermore, people who were pulled over on the interstate frequently had other drugs or paraphernalia in their vehicles in the past. Obviously, the argument from a criminal defence attorney is that the dog never indicated because the drugs were in a Smell Proof bag, so the dog was cued by the handler, the dog was untrustworthy, or the dog was always trained to indicate the Smell of narcotics because the dog is rewarded any time they show narcotics are in the vehicle. The dog is rewarded before the car is searched by law enforcement. So, whether drugs, marijuana, or any other drug is discovered, the dog is rewarded for indicating the Smell of narcotics when sniffing a car. This, according to the expert, is possible and can happen in certain circumstances.

Drug Dogs and Detailing

We discussed in detail with the expert whether the drug dogs are alerting to a narcotic or simply displaying behaviour that the officer wants to see so that they can be rewarded. Detailing is a binary decision. The handler directs the dog to a specific location, and the dog either indicates or does not indicate the presence of narcotics. I discovered that not all certified dogs could be detailed by deposing and cross-examining some officers. This is troubling. How do you know if a dog alerted and then indicated a narcotic Smell after being walked around a car three or four times without showing if the dog cannot pass a yes or no test? On Interstate 80, it is common to see drug dogs walking around a car for two or three laps before alerting and indicating the Smell of narcotics. This, according to the expert, is cause for concern because it may give the impression to the dog that the handler intends to walk him around the car until the dog alerts or indicates. The ability of a dog to detect the Smell of narcotics is critical in determining whether the dog can or cannot detect the smell of narcotics. If you direct the dog to a specific location to sniff and the dog does not indicate when drugs are present or do not show any smell of narcotics, you know the dog is untrustworthy.

The Problem with Custom Smell-Resistant Bags

To return to the bags, the bottom line is that the chances of contamination are fairly high, and arguing in court that no dog could have smelled through the Custom Printed Smell Proof Bags will almost certainly fail because the prosecutor will have a counter-argument. The prosecutor may argue, for example, that the vehicle used to transport the drugs had previously been used to transport drugs, contaminating the interior of the car, that the cash found in the vehicle had the Smell of narcotics, or that there was contamination on the outside of the bag.