“I Got 99 Problems”: When the Drug Dog is Only 29% Accurate

By: John Guidry

“We’ll see how smart you are when the K-9’s come, I got 99 problems but a bitch ain’t one” — Jay-Z

Yes, Orlando traffic stops are often delayed for the drug dog’s arrival. And isn’t it amazing how often these dogs “alert” to the presence of drugs? It seems like every time an officer wants to search a car but lacks probable cause, the dog magically provides it.

The Reality: Just because a dog alerts doesn’t mean there are drugs in the car.

• Residual Odor: The dog may be smelling a substance that was in the car last week but is gone now.
• Micro-Quantities: The dog may be smelling traces so small that they are invisible to the naked eye.
• The Problem: If the dog alerts to “history” rather than “contraband,” innocent people get searched.

Did a dog alert on your car, but police found nothing? That “False Alert” could win your case. Call John today at (407) 423-1117.

The Case: Wiggs v. State (The 29% Solution)

The Second District Court of Appeal handed down a landmark decision on this exact issue in Wiggs v. State, 2001 WL 3300139 (Fla. 2d DCA 2011).

• The Stop: Wiggs was stopped for a traffic infraction.
• The Dog: A drug-detection dog named “Zuul” arrived and alerted.
• The Search: Police searched and found cocaine.
• The Plea: Wiggs pled to Possession with Intent to Sell but appealed the validity of the search.

The Investigation: Wiggs’ attorneys didn’t just accept the police report. They dug into Zuul’s track record.

• The Stats: Over a four-month period, Zuul sniffed 17 cars.
• The Alerts: He alerted on 14 of them.
• The False Positives: In 10 of those cases, NO DRUGS WERE FOUND.

The Ruling: The Court overturned Wiggs’ conviction. They did the math: 4 successful finds out of 14 alerts = 29% Accuracy.

“This accuracy rate is clearly insufficient to establish reliability, that is, a fair probability that drugs would be found.”

The “Residual Odor” Dilemma

The State tried to argue that the empty cars probably had a “drug history”—meaning someone smoked weed in them recently, so the dog wasn’t technically wrong. Judge Altenbernd shut this down with a brilliant observation:

“In fairness to Zuul, his strength is also his weakness… He is alerting to molecules of drugs left behind… If [dogs cannot be trained to distinguish between residual odor and actual drugs], it seems we will need to abandon dogs as a method of obtaining probable cause.”

If a dog cannot tell the difference between a crime (drugs present) and a non-crime (a smell from last week), the dog is useless for constitutional searches.

John’s 2026 Update: Hemp & The Supreme Court

Note: In 2011, Wiggs won because the dog was bad at math. In 2026, the math is harder because the “smell” itself has changed.

1. The Harris Overturn (The Supreme Court Strikes Back) After Wiggs, the U.S. Supreme Court ruled in Florida v. Harris that we can’t just use a strict “checklist” or percentage to disqualify a dog.

• The Impact: We can’t automatically suppress evidence just because a dog is a rookie or has a low field percentage.
• The Defense: However, Wiggs is still useful to show a pattern of unreliability. If we can prove the handler is cueing the dog or the dog consistently false alerts, we can still win under the “Totality of the Circumstances.”

2. The Hemp Problem (The New “Residual Odor”) In 2026, the biggest issue isn’t residual cocaine—it’s Legal Hemp.

• The Science: Legal Hemp and Illegal Marijuana have the same terpenes. A dog cannot tell them apart.
• The Argument: If a dog alerts, he might be alerting to a legal bag of CBD gummies from the gas station. Since the alert doesn’t distinguish between legal and illegal, it does not provide Probable Cause for a search. Many K-9 units have been retired because they are “tainted” by legal hemp.

3. Handler Bias (The “Clever Hans” Effect) Body cams are now standard.

• The 2026 Strategy: We analyze the video to see if the handler stopped walking, changed his tone, or pointed at the door. If the cop “told” the dog to alert, the sniff is unconstitutional.

Don’t Trust the Dog

If a dog was used to justify searching your car, do not assume the search was legal. K-9s are not machines; they are animals that want a treat, and they make mistakes. We know how to check their homework.

Call me at (407) 423-1117. Let’s look at Zuul’s records.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.