2012/07/25 Council Agenda Packet

Courts usually use two tests in evaluating the admission of scientific evidence— either the Frye test or the Daubert test, depending on the jurisdiction.14 Because of the general acceptance of canine DNA testing in the scientific community and its testability and reliability, it is inevitable that canine DNA will be admissible for breed identification in all 50 states. The methods and techniques used to extract and analyze canine DNA are the same methods and techniques used to extract and analyze human DNA.15 Currently, the Professional Breed Library database —which is derived from the Mars Wisdom Panel Professional?", formerly known as the Mars Wisdom Panel MXTM — comprises more than 200 American Kennel Club and United Kennel Club registered dog breeds.16The Mars identification kit is the most reliable test because it requires a blood sample taken by a licensed veterinarian. The Mars Wisdom Panel ProfessionalTM DNA test has already been used as evidence in some municipal-court breed identifications. In a 2008 Kansas City, Kansas, case, a dog named Niko was seized under a breed- discriminatory ordinance and spent nine months at the city's animal-control facility.17 Niko's owners demanded a DNA test. The test revealed that Niko had no predominant breed but was 12.5% American Staffordshire terrier and had trace amounts of Cavalier King Charles Spaniel and miniature schnauzer. Because the DNA test established that Niko was less than 13% "pit bull," he was returned to his owners. In 2009, an officer visually identified the dog Lucey as a "pit bull"18 in Salina, Kansas, which has a breed-discriminatory Iaw.19The dog's owners challenged the officer's visual identification. DNA testing revealed that Lucey was 25% Bernese 14 Alice B.Lustre,Annotation,Post-Daubert Standards for Admissibility of Scientific and Other Expert Evidence in State Courts,90 A.L.R. 5TH 453(2001)(discussing that some states have developed their own judicial tests for admissibility of scientific evidence,but the tests used in most states are Daubert and Frye). is Melissa Kidder,Comment,Human DNA v.Non-Human DNA:A Look at the General Admissibility of Non-Human DNA in the Courts,35 Ohio N.U.L.Rev.397,414(2009). 16 Wisdom Panel Professional,Frequently Asked Questions,last visited Jan.11,2010). http://www.wisdompanelpro.com/faq.html (follow"What is WISDOM Panel Professional?"). 17 Tess Koppelman,Man Wins Dog Back After DNA Test Proves Dog Isn't Pit bull,Fox 4 Kansas City News,Feb.13,2008, http://www.fox4kc.com/wdaf-manwinsdogbackafterd nate-5757542,0,6242076.story. 18 David Clouston,Just a Little Pit,Salina Journal,Sept.11,2009,at Al, http://www.dailyjourna lonline.com/articles/2009/10/10/news/doc4aaa6b609f9d3189486423.txt. 19 SAUNA MUNICIPAL CODE,ARTICLE IX§7-142(2009).