Tecquin Darkeem Moore v. Virginia

This Court, in Florida v. Harris, 568 U.S. 237 (2013), established the standard of reliability for drug dog cases – focusing on the standard for the dog’s reliability and the establishment thereof by the dog’s training records, but apparently assumed under that case’s facts that an alert had actually occurred. The question presented is: Where a properly trained drug dog, who was handled by a properly qualified trainer, failed to alert to drugs in a dog sniff of a vehicle, but merely engaged in “casting” about and allegedly exhibited untrained behavioral responses short of what the trainer deems to be an alert, did the overruling of a Motion to Suppress and the admission of evidence stemming therefrom violate the Fourth and Fourteenth amendments to the Constitution of the United States as fruit of the poisonous tree due to an unreasonable search and seizure.