UNIVERSITY OF THE DISTRICT OF - UDC Law Review

252 See Rakas v. Illinois, 439 U.S. 128, 143 n.12 (1978).
253 See, e.g., Fitzgerald v. State, 837 A.2d 989, 1037 (Md. Ct. Spec. App. 2003) (“The use of the sense of smell generally is a familiar
tool of perception much older than the common law or the Bill of Rights. Indeed, [the Kentucky Supreme Court] stated that
bloodhound evidence ‘was looked upon with favor as early as the twelfth century ....”’ (internal citation omitted)), aff’d, 864 A.2d
1006 (Md. 2004).
254 The ancient Romans used war dogs, training Mastiffs to attack the legs of their enemies, who would then “lower their shields.”
U.S. War Dogs Ass’n, War Dogs in the Marine Corps in World War II, http:// www.uswardogs.org/id187.html (last visited May 4,
2010).
255 James W. Golden & Jeffery T. Walker, That Dog Will Hunt: Canine-Assisted Search and Seizure, in Policing and the Law 71, 71
(Jeffery T. Walker ed., 2002).
256 In 1513, Bartolomé de Las Casas, a missionary and conquistador, described Spanish tactics in the conquest for gold and land. The
Conquistadors slaughtered native peoples, and even “taught their Hounds, fierce Dogs, to teare [natives] in peeces at the first
view.” Bartolomé de Las Casas, Spanish Atrocities in the West Indies (1513), reprinted in Eyewitness to History 82, 83 (John
Carey ed., Harvard Univ. Press 1987) (1987).
257 As Benjamin Franklin wrote to James Read:
In Case of meeting a Party of the Enemy, the Dogs are then to be all turn’d loose and set on. They will be fresher and fiercer for
having been previously confin’d, and will confound the Enemy a good deal, and be very serviceable. This was the Spanish Method.
Letter from Benjamin Franklin to James Read (Nov. 2, 1755) (on file with the Historical Society of Pennsylvania), available at
http:// franklinpapers.org/franklin/framedVolumes.jspvol=6&page=234a (last visited Nov. 7, 2009); see also J. Robert Lilly &
Michael B. Puckett, Social Control and Dogs: A Sociohistorical Analysis, 43 Crime & Delinq. 123, 135 (1997).
258 See, e.g., Brister v. State, 26 Ala. 107, 118 (1855) (observing that “[t]he defendants are slaves ... [and] were taken into custody by
sixteen or seventeen white men, who went on the place armed with double-barreled guns, negro whips and sticks, and accompanied
by a pack of negro dogs, known to be such by defendants”); Benjamin v. Davis, 6 La. Ann. 472 (1851). The court in Benjamin
observed that “the defendants came to the house of witness early in the morning with their negro dogs, and said they were going to
hunt runaway negroes.” Benjamin, 6 La. Ann. at 472. The overseer “had a right to use the dogs in his attempt to make such
capture, such means being customary among the planters of the parish.” Id. at 474.
259 Lilly & Puckett, supra note 257, at 129.
260 Id. at 130.
261 See David Benjamin Oppenheimer, Kennedy, King, Shuttlesworth and Walker: The Events Leading to the Introduction of the Civil
Rights Act of 1964, 29 U.S.F. L. Rev. 645, 646 (1995) (observing that in Birmingham, Alabama, in 1963, television cameras
captured “black children kneeling in prayer or singing spirituals” who were attacked by “vicious police dogs”).
262 See Carlos Campos, Alpharetta Putting 2 Canine Cops on the Beat, Atlanta J. Const., Nov. 24, 1994, at G34 (observing that despite
the passage of time, “some people may associate police-trained German shepherds with the black-and-white news footage of
vicious dogs cut loose on civil rights activists during the 1960s”). As a further illustration, prior to his confirmation hearings,
Justice Thomas described the “bitterness and nostalgia” of his childhood in Savannah, Georgia: “I remember being excluded from
certain parks, stadiums and movie theaters. I saw the Klan marches, the riots, the police dogs and water hoses.” Timothy M.
Phelps, Nominee a Puzzle: A Look at the Pieces on Eve of Hearings on Confirmation, Newsday, Sept. 9, 1991, at 7.
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