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U.S. Supreme Court Hears Fla. Drug Dog Case

October 31, 2012  | 

Photo: POLICE file
Photo: POLICE file

A suspect's Fourth Amendment right to grow marijuana in the privacy of a home will be tested in a Florida case the U.S. Supreme Court began hearing Wednesday.

In Florida v. Jardines, Miami police arrested Joelis Jardines after a police dog alerted to marijuana outside of his home. The agency had received a tip from a "crime stopper" that brought officers and a narcotics dog named Franky to the home.

After Franky alerted his handler, police obtained a search warrant and discovered a marijuana-growing operation inside the home.

Jardines' attorney argued the search was illegal because it violated his client's privacy under the Fourth Amendment.

On appeal, the Florida Supreme Court ruled that the right of privacy is strongest in a private home. In the past, the U.S. Supreme Court has sided with law enforcement that a police dog's "alert" doesn't constitute a search because no one has privacy rights regarding illegal substances or activities, reports SCOTUSblog.

Comments (1)

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curr208k9 @ 11/3/2012 7:26 AM

I am curious as to whether they brought the dog onto the home owners physical property, and if they did, was it with his consent. The exterior of a home still garners more expectation to the right of privacy than the exterior of a vehicle. I am in no way defending the drug grower. As a K9 handler am always aware of the need to be mindful of trying not to create bad case for Handlers. They are already trying yet again to question whether or not we should be able to run our dogs around a vehicle without RAS or probable cause. Alway disheartening when they seem to try and tie our hands at every opportunity in our profession without us giving the liberals more ammo to use against us.
All LEO's stay safe.

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