California Crimonal Jury Instructions-CALCRIM

CaliforniaJuryInstructions.Net

BankruptcyCode.US

California

United States Law.US

Criminal Jury Instructions Volume I

US Government

CALCRIM Series 300

US Tax Center

California Criminal Jury Instructions
Volume I
Series 300 EVIDENCE
E. PARTICULAR TYPES OF EVIDENCE

374. Dog Tracking Evidence

CALCRIM No. 374 EVIDENCE

You have received evidence about the use of a tracking dog. You may not conclude that the defendant is the person who committed the crime based only on the fact that a dog indicated the defendant [or a location]. Before you may rely on dog tracking evidence, there must be:

1. Evidence of the dog’s general reliability as a tracker; AND

2. Other evidence that the dog accurately followed a trail that led to the person who committed the crime. This other evidence does not need to independently link the defendant to the crime.

In deciding the meaning and importance of the dog tracking evidence, consider the training, skill, and experience, if any, of the dog, its trainer, and its handler, together with everything else that you learned about the dog’s work in this case.

New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on tracking dogs whenever they are used to prove the identity of a defendant. (People v. Malgren (1983) 139 Cal.App.3d 234, 241 [188 Cal.Rptr. 569], disapproved on other grounds in People v. Jones (1991) 53 Cal.3d 1115, 1144 [282 Cal.Rptr. 465, 811 P.2d 757].)

AUTHORITY

· Instructional Requirements. People v. Craig (1978) 86 Cal.App.3d 905, 917–918 [150 Cal.Rptr. 676].

· Dog Tracking Evidence Need Not Be Viewed With Caution. People v. Malgren (1983) 139 Cal.App.3d 234, 241 [188 Cal.Rptr. 569], disapproved on other grounds in People v. Jones (1991) 53 Cal.3d 1115, 1144 [282 Cal.Rptr. 465, 811 P.2d 757].

· Corroboration Requirement. People v. Gonzales (1990) 218 Cal.App.3d 403, 410 [267 Cal.Rptr. 138].

143.

CALCRIM No. 374 374. Dog Tracking Evidence Page 143
CALCRIM No. 374 374. Dog Tracking Evidence Page 144

(Pub 1284)

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

A Legal and Business Portal