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I
remember a debate in another forum a few years back and was horrified
when an attorney came into the argument and advised the SAR world not to
worry
about testifying in court as it rarely happened. It didn't surprise me
any,
that an attorney would tell you not to prepare for court as most would
love
for us to enter into their forum unprepared. What surprised me is that
some
listened.
Just as L.E. handlers are trained in crime scene preservation and
courtroom
testimony, so should all SAR dog handlers. It shouldn't be a matter of
waiting until the subpoena is served. It should be mandatory training
for
operational status.
In preparing yourself for cross examination, keep in mind that there
is
certain information that you need to know inside and out.
Attorneys will
use this material as a basis of information to cross examine you. It
might
not be relevant in our minds, but could be relevant in the courts
eyes.
Every time I have testified in court, a discussion of bloodhound law
has
always come into play. It even came up in a narcotics case because
that was
all the defense attorney could find at the time. Being familiar
with that
case law and being able to explain why it may or may not apply in your
case
is a must. I was lucky in that in my young days in court, there
weren't that
many books out there the lawyers could find on what we did. There are
plenty
of them now. And these textbooks need review. Sandy Bryson's Police
Dog
Tactics, Bob Eden's K9 Officer's Manual, and now Rebmann and Koenig's
the
Cadaver Dog Handbook will all be basis for cross examination in
certain
situations. The attorneys will look to the L.E. books and be less
familiar
with the SAR material. And, their expert witnesses, probably will have
L.E.
background. So it is a must to know the L.E. side as well as the SAR
side.
Keep in mind that only the naive believe that what goes on in court is
a
search for truth. It is not. It is a theatrical production with the
purpose
of convincing a jury that you are competent and should be
considered more
credible than that attorney arguing against you. They will base their
decision not only on what you say, but how it is presented. This is
why it
is necessary for SAR folks to train for this encounter. Beating up on
an
innocent bystander that looks like my grandmother, who is offering
their
version of events is not a wise move for a defense attorney. However,
dismembering a dog handler is.
Jonni Joyce
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