Page:Jackson v. State, 2013 Ark. 201, 427 S.W.3d 607.pdf/32

 existence of probable cause. Third, should the defendant fail to convince the trial judge of such inadequate performance, the defendant may then seek to challenge the dog handler's credentials by proving that the handler was not properly trained to correctly interpret the dog's actions. To complete the analysis, the trial judge should then determine whether the handler's account of the dog's alert was indeed credible.

In the case at bar, the State offered up proof that K-9 Major had been certified and that he and Trooper Behnke had completed training programs that evaluated the dog's proficiency. The State offered the video of the stop, as captured by the camera in the Trooper Behnke's car and had the Trooper comment on what was shown therein. The defendant did not mount a strong challenge to the certification or training programs and instead focused his primary challenge on K-9 Major's track record in the field – specifically his roughly 14% false positive rate – and attacked Trooper Behnke' s conclusions through cross-examination and through his own K-9 expert witness. But in the final analysis, the trial judge weighed the proof, and concluded that Trooper Behnke had a proper basis for interpreting K-9 Major's labored breathing and approach to the pickup's window as evidence of an alert, which in turn, provided Trooper Behnke with probable cause to search the vehicle. Since the trial court was able to watch and listen to the testimony of Trooper Behnke and the Defendant's K-9 expert, I cannot say that our review of the record compels a different conclusion. 

Robert M. "Robby" Golden, for appellant.

Dustin McDaniel, Att'y Gen., by: Lauren Elizabeth Heil, Ass't Att'y Gen., for appellee.