Dog Tracking: Cautionary Instruction Not Required Sua Sponte
January 6th, 2023

The CALCRIM Bench Notes to CC 374 state that the court “has a sua sponte duty to instruct on tracking dogs whenever they are used to prove the identity of a defendant. [Citation.]”

 

But see, People v. Westerfield (2019) 6 Cal.5th 632, 707 fn. 8:

 

[W]e have previously recognized that “it is more appropriate to permit defendants to determine whether to request the instruction than to require the trial judge to give it in every case” because dog tracking evidence can be either inculpatory or exculpatory. [Citing and quoting (People v. Diaz (2015) 60 Cal.4th 1176, 1192.]

 
See also,
 

CALJIC 2.16 Properly Instructs Jury on Dog Scent Evidence; Instruction Is Not Required Sua Sponte
July 30th, 2019


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