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Full-Text Articles in Law

Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas Jun 2012

Pawing Their Way To The Supreme Court: The Evidence Required To Prove A Narcotic Detection Dog's Reliability, Monica Fazekas

Northern Illinois University Law Review

Historically, courts have given great deference to the anatomical scent detectors from which the canine’s heightened sense of smell derives. In 2005, the Supreme Court supported this position and held that a drug detection dog’s sniff did not constitute a search under the Fourth Amendment. The Court partially based its reasoning on the classification of the dog sniff as sui generis. With this holding, courts began admitting evidence of a drug detection dog’s alert to narcotics to constitute the requisite probable cause for an officer’s search. Virtually every circuit allows a canine alert to establish such probable cause by presenting …


Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss Apr 2012

Canines On Campus: Companion Animals At Postsecondary Educational Institutions, Rebecca J. Huss

Missouri Law Review

This Article focuses on the issues that arise when students wish to attend a postsecondary institution accompanied by an animal. Part II begins by analyzing federal law applicable to students bringing service and assistance animals to campus. Part III explores the use of animal-assisted activities on campus. Part IV continues with an examination of policies allowing students to have companion animals in campus housing. Part V considers concerns administrators raise about allowing animals on campus. Finally, Part VI sets forth the steps an educational institution should implement to ensure compliance with the law and proposes actions that can be taken …


No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker Jan 2012

No Way To Treat Man's Best Friends: The Uncounted Injuries Of Animal Cruielty Victims, Samantha D. E. Tucker

Animal Law Review

As society has come to recognize the sentience and intelligence of nonhuman animals, jurisdictions across the United States (U.S.) have promulgated animal protection laws. Despite the development of anti-cruelty statutes, though, states with sentence enhancement mechanisms continue to elevate criminal offenders’ sentences only if they injure human victims. This Note considers the development of anti-cruelty laws and explores how sentencing guidelines, victim injury points, and other sentence enhancement mechanisms function in U.S. criminal justice systems. It examines how multiple states treat victim injury, focusing particularly on Florida where, in October 2011, a Florida Assistant State Attorney—in what was likely the …