Free Declaration in Support - District Court of California - California

Case 4:07-cv-04894-SBA

Document 59-3

Filed 06/27/2008

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EXHIBIT 2

Case 4:07-cv-04894-SBA

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EXHIBIT 2(a)

PLEASE SEE MANUAL FILING NOTIFICATION [DOCKET NO. 55]

Case 4:07-cv-04894-SBA

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EXHIBIT 2(b)

Case 4:07-cv-04894-SBA

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UNITEX STATES DISTRICT COURT NORTHEEN DISTRICT OF CALIFORNIA

ROBERT CARL PATRICK KEANE, et al., Plaintiffs,
)

CASE NO.
C 07-4894 SBA

)

SETH M . MCMULLEN, et a l . , Defendants.
-

AUDIO-RECOF.DED CONVERSATION BETWEEN OFFICER PAUL ACCORNERO AND ROBERT CARL PATRICK KEANE TUESDP.Y, DECEMBER 19 , 2006

BEHMKE REPORTING & VIDEO SERVICES BY: JILL BAIONI, CSR #8812

160 SPEAR STREET, SUITE 300
SAN FRA?ACISCO, CALIFORNIA

94105

BEHMIZE REPORTING & VIDEO SERVICES (415) 597-5600

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OFFICER FICCORNERO : again? "Keane"? "Keane"?

What ' s his last name

Mr. Keane, my name's Paul Accornero and I'm with Petaluma Police Department. MR. KEANE: Okay.

OFFICER ACCORNERO:

I ' m a - - I ' m a patrol dog

handler and also a narcotics detection dog handler.
My dog does both.

MR. KEANE:

Mm-hmm.

OFFICER ACC3RNERO:

Okay?

I'm going to
He's
--

search your house with the police dog.

again,

he's a narcotics detection dog, and he finds marijuana, methamphe~amine,heroine, cocaine, and opium and all the derivatives of those drugs: ice, hash, crack, and all the
--

Rock,

basically all the

ingredients that are made to make those drugs. MR. KEANE:

Mm-hmm.
Okay? So what I try to

OFFICER ACCORNERO:

do is I try to explain to people before I bring the dog in that he's what I call an
--

or what the So in

industry calls is an aggressive alert dog.

essence, if there was drugs that were hidden inside that vent, for instance, drug
--

the drug dog, the
--

aggressive alert doc, will run over to where that the odor of the druc is coming from and he

BEHMKE IIEPORTING & VIDEO SERVICES (415) 597-5600

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will aggressiveiy elert.

And what I mean by that is

he scratches, chews, gnaws, rips things apart to get to it. H e ' s play--

it's a game of hide and go seek

for him.

He's trying to find the drugs and he gets Okay?

rewarded when he finds those drugs.

So basically, in lack of better terms, he tears shit up but he finds it. literally rip things apart.
MR. KEANE:

He'll

--

he'll

Mm-hmm. Okay?

OFFICER ACCORNERO:

And I tell neople this because I don't want to come in here and ruln your house with the dog. Okay? Now, the dog
--

if there was drugs here and

they're not here now, the dog will still alert to them.
And I - - and I give people the understanding or

the reasoning of this, is the dog - - i t ' s like putting popcorn in your microwave. If you put popcorn in your

microwave and you pop it all and you eat it all up, you can still smell the popcorn afterwards. MR. KEANY: Mm-hmm. Okay. The same thing is, Right?

OFFICER ACCORNERO:

if the drugs were here but they're not there now, the dog will still smell them. Okay? The dog is trained

to find the odor of the drug, not the drug itself.

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Case 4:07-cv-04894-SBA

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Okay?

And I give g e ~ p l ethis and I tell them this

because I want to try and save your house.

If there's

somewhere where there has been drugs but they're not there now, you need to let me know and I can try and save your stuff.

If you tell me that there have been

no drugs in this house and the dog alerts and scratches somewhere, then we're not gonna be responsible for any damage that's caused by that. Okay? Because he is a drug dog and he.'spretty

reliable as far as knowing where there has been and hasn't been drugs. MR. KEANE:
Mm-hmm.

OFFICER ACCORNEZO:

Not only your house, I

need to know about y m r car that's out front, because we have a search warrant for the car also, and any other areas on the pzoperty where there has been anything. Has there been any drugs in your car, in this house, anywhere?
MR. KEANE:

No. Okay.
In addition to

OFFICER ACCORNERO:

that, let me explain something to you about money. Okay? Money, when it's
--

when i t ' s used in a

transaction of drugs, when it's been around people that have been hane~lingdrugs and then handle money,

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the money now assumes the odor of the drugs.

Okay?

So the dog has the aSi-lity to smell money and tell me

if there's drug odor on it. Okay?
And not all money is tainted with drug odor like people think. that. Okay? has
--

There is a difference between

My dog is alerted to drug money and
--

he's alerted to Okay?

or is not alerted to non

drug money. those two.

So he knows the difference between

So are there any large sums of money that are in this house that the dog would MR. KEANE: No. Okay. So you're telling
--

would find?

OFFICER ACCORNERO: me
--

MR. KEAI\JE: I have

--

I have absolutely
I'm

nothing to do with what (unintelligible) . baffled.

(Unintelligible) I ' m wondering when I can This
--

get a lawyer.

this is absolute insanity. That will be up to you
----

OFFICER ACCORNERO:

whenever you get a lawyer. My right now to you is basically MR. KEANE:

my questioning here

There's never been any
--

OFFICER ACCORNERO: ruin your house. Okay?

just want

--

try to

MR. KEANE:

There's never

--

I ' m worried more

BEHMKE REPORTING & VIDEO SERVICES (415) 597-5600

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about my dogs than

--

OFFICER ACCORNERO:

Your dogs are fine. My Your dogs

dog is not gonna do anything to your dogs.

are locked in the hazhroom upstairs, so they're fine.

We were playing wlth them.
frog toy, so. MR. KEANE: Okay.

He was chasing his little

So I ' m worried about him.
Yeah. No. He's gonna be

OFFICER ACCORNERO: fine. Okay.

(End of transcription.)

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Case 4:07-cv-04894-SBA

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Filed 06/27/2008

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STATE OF CALIFORNIA

) )

COUNTY OF SAN MATE0

I hereby certify that the transcript is a true

record of the audio CD recording as reported by me, a duly certified shorthand reporter and a disinterested person, and was thereafter transcribed into typewriting

by computer.
I further certify that I am not interested in

the outcome of the s z i d action, nor connected with, nor related to any of the parties in said action, nor to their respective counsel.
IN WITNESS WHEREOF, I have hereunto set my hand

this 29th day of February, 2008.

JILL BAIONI, CSR # 8812

STATE OF CALIFORNIA

BEHMKE EEPORTING & VIDEO SERVICES (415) 597-5600