The First District Court of Appeal is denying the appeal of Cody Bennett.
Bennett wanted his conviction and sentence on felony marijuana possession thrown out. His attorney argued the local trial court should not have allowed evidence gathered through the use of the Sheriff's Office drug dog "Argos".
The dog alerted on both the trunk and driver’s door of Bennett’s car.
His attorney argued the officers lacked probable cause to search the car without a warrant because Argos' reliability had not been proven.
But the district court justices pointed out the U-S Supreme Court's decision a few weeks ago sided with the K-9 unit in a drug case in Liberty County.
In that case, the court went with a more common sense evaluation of the dog's reliability and did not require extensive documentation.
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