Narcotics Division Chattahoochee Judicial Circuit 1 Putting It All - PDF document

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Courtroom Presentation for the Georgia K9 Handler Kimberly S. Schwartz Senior Assistant District Attorney Narcotics Division Chattahoochee Judicial Circuit 1

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Why are e exce cellen llent t cour urtroo oom m present entat atio ion n skills lls imp mpor ortant tant? Defendants have constitutional due process rights – therefore, being prepared to present well in court will sometimes be a necessary part of completing your case. 2

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Your credibility, the reliability of your canine partner, and your reputation for not just willingness, but eagerness to come to court, and your ability to be an outstanding witness, is part of prosecutor triage. tri-age ( trē´ äzh ). n. 1. the sorting of and allocation of treatment to patients and especially battle and disaster victims according to a system of priorities designed to maximize the number of survivors. 2. the assigning of priority order to projects on the basis of where funds and other resources can be best used, are most needed, or are most likely to achieve success 3

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Your credibility, the reliability of your canine partner, and your reputation for not just willingness, but eagerness to come to court, and your ability to be an outstanding witness, is part of defense attorney evaluation of the trial-worthiness of a case and the likelihood of success of pre-trial motions, therefore . . . . Your credibility, the reliability of your canine partner, and your reputation for not just willingness, but eagerness to come to court and your ability to be an outstanding witness, is inversely related to the number of times you’ll actually have to come to court. 4

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Beyond the Basics 5

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Except . . . Three basics points: Basic Point #1: STUDY YOUR REPORT 6

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Basic Point #2: Excellent Courtroom Presentation Begins at the Crime Scene Treat every deployment as though you expect to find eight kilos….or a murder weapon. 7

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Forming good procedural habits and following them consistently can help cure lapses in documentation. Good Report Writing is Vital  Document for years or decades down the road  Case may be delayed in disposition (bench warrants, crime lab, crowded trial calendars, etc.) or reversed on appeal.  Case may be 404(b) evidence in future cases.  Your report writing is part of what establishes you as a witness to be reckoned with. 8

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Basic Point #3: Video Awareness 9

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler The advantage of video evidence is that it shows exactly what happened at the crime scene. The disadvantage of video evidence is that it shows exactly what happened at the crime scene. Video Dangers:  Language, language, language  Attitude and approach  Inadvertently playing into defense theme of “this is all a game, and not very important”.  This is a crime scene. 10

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Video Dangers, continued:  What’s being captured that defense can use?  Conversations between officers  Cell calls, texts, pics  Other witnesses not documented in report  Discovery materials not provided Video Dangers, continued:  What’s not being captured that fact - finders (especially jurors) expect?  Why isn’t there video?  Why doesn’t the video show what you’re telling me happened (POV)? 11

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Making Video Evidence Work:  On-scene camera awareness – especially when it comes to what your dog is doing  Parking angles  Have another officer also recording while you are working dog Making Video Evidence Work, continued:  Why doesn’t the video show what you’re telling me? Be prepared to talk about POV.  How does it look, and how can that be (mis)interpreted?  Review video before writing report  Review video before testifying 12

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Beyond the Basics Beyond the Basics Goals for this Unit of Instruction:  Understand varied purposes for which canine reaction evidence is presented in court  Know the evidentiary foundation for the presentation of canine reaction evidence in court.  Understand how proper documentation supports the introduction of canine reaction evidence in the courtroom 13

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Beyond the Basics Goals for this Unit of Instruction:  Understand how the K9 handler can be qualified and used as an expert witness  Proper handling of exhibits and laying evidentiary foundation for their admissibility  Pointers for direct examination  Pointers for cross-examination Why was the police dog deployed in this case to begin with? And what are we trying to prove? 14

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Use of Canines in Law Enforcement Work: 1. As a tool: deploying dog to do something the human officer is already authorized to do – but the dog can do it better, more quickly, and/or more safely. 2. Dog’s reactions as circumstantial evidence of some substantive fact A. To establish basis for legal authority to do something that the human officer doesn’t yet have authority to do at that point in the investigation To prove (again, circumstantially) some substantive fact B. in court Just t beca cause se the dog can do it better/s er/safer: er:  Examples:  Building searches/burglary in progress  Search warrants  Tracking/Apprehension  No real legal implications for criminal case (Don’t get confused on this!)  It’s still interesting and compelling evidence  It’s still a deployment & still needs to be documented!  Liability issues still exist 15

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Dog Reac action on as Circums umstan antia ial l Evide idence ce of a Substantiv antive Fact Dog g Re Reacti ction on as Circumstan tantia tial l Evidenc ence e of a Substa stanti tive e Fa Fact: ct:  Examples:  To establish PC for Carroll -doctrine vehicle search  To corroborate other evidence that a particular person was or was not present at crime scene 16

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Another comparison:  Situation: valid search warrant being executed  The dog as a tool: Detection canine is deployed right after house is cleared to find drugs more effectively than human officers can  The dog’s reaction as substantive evidence:  There was drug odor in the closet, just like the testifying CI said, even though no drugs found in the closet Understanding Direct and Circumstantial Evidence 17

Putting It All Together: Courtroom K9 Handler Intensive GPSTC – Forsyth, GA – January 18, 2019 Presentation for the Georgia K9 Handler Direc ect Evidenc idence "Direct evidence" is the testimony of a person who asserts that he or she has actual knowledge of a fact. Direct evidence is that which may be seen or heard or otherwise directly sensed, such as by smell or taste or touch. It may be brought into court in the form of exhibits or the testimony of direct witnesses to such matters. It is evidence that points immediately to the issue in question. Circumst umstant antial ial Evidenc idence "Circumstantial evidence" is proof of a set of facts and circumstances that tend to prove or disprove another fact by inference (that is, by consistency with such fact or elimination of other facts). 18