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  SAR Dog Handlers in Court

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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