Kelly Test Requirements and Dog Scent Trailing Evidence; Foundational Requirements for Dog Scent Trailing Evidence:

Kelly Test Requirements and Dog Scent Trailing Evidence                         

Foundational Requirements for Dog Scent Trailing Evidence

(1) Dog scent trail evidence is admissible without the need to meet the foundational and reliability requirements as described in People v. Kelly (i.e., the “Kelly/Frye test”).  (2) Dog scent trailing evidence is admissible so long as a proper foundation is laid concerning the dog handler’s expertise, the present ability of the dog in issue to trail a human, and some corroboration that the person being trailed had in fact been at the location in issue. 

Defendant Scott Lee Peterson lived with his wife, Laci, in Modesto, California.  Laci worked as a substitute teacher while defendant ran a startup fertilizer company out of a leased warehouse.  After a few years in Modesto, Laci became pregnant with their first child who they named “Conner,” with a due-date in February, 2003.  On the day before Christmas, 2002, neighbors found the Petersons’ dog with his leash attached wandering ....