economics Paradigm Challenge

Police sniffer dogs are often totally wrong because they're actually just picking up on their owner's unconscious racial and social biases.

March 25, 2026

Original Paper

Call Off the Dogs: Rethinking Sniffer Dog Searches in Canadian Criminal Law

Sara Gordon

SSRN · 6447262

The Takeaway

The legal system treats dog searches as objective 'biological' tools, but this paper highlights research showing that dogs are hyper-attuned to human body language. Through 'handler cueing,' the dog may signal an alert not because it smells drugs, but because it senses the officer's subconscious suspicion toward a specific individual.

From the abstract

<span>The Supreme Court of Canada has repeatedly held that police sniffer dog searches are Charter-compliant based on a low standard of reasonable suspicion because they are minimally intrusive, narrowly targeted, and can be highly accurate. Since the Court last considered their constitutionality, however, extensive empirical research has fundamentally challenged assumptions about the reliability and accuracy of police sniffer dogs, as well as the harm to individuals subjected to these searches.