Supreme Court: K-9 Search Violated Home Privacy

The U.S. Supreme Court ruled in favor of a marijuana grower's privacy rights Tuesday, when a majority of justices decided a Florida K-9's alert outside a home resulted in an unconstitutional arrest.

Photo provided by Becki and John Johnston of AceK9.comPhoto provided by Becki and John Johnston of AceK9.com

The U.S. Supreme Court ruled in favor of a marijuana grower's privacy rights Tuesday, when a majority of justices decided a Florida K-9's alert outside a home resulted in an unconstitutional arrest.

The court's 5-4 ruling in Florida v. Jardines marks its second K-9 search case this year. The case arrived after the Floriday Supreme Court ruled a narcotics search was "unsupported by probable cause" and that a person's right to privacy is strongest in the home.

In his majority opinion Tuesday, Justice Antonin Scalia ruled that law enforcement officers don't have the right to bring a K-9 onto a subject's porch to search for drugs. The ruling stems from a 2006 drug bust in Miami-Dade County.

Miami-Dade Police Detective William Pedraja had responded to a crimestopper tip that Joelis Jardines was growing marijuana inside a residence and stealing electricity. Detectives Pedraja and Douglas Bartelt, a trained handler, brought K-9 Franky onto the porch at Jardines' property. After Franky alerted, officers obtained a warrant and arrested Jardines following the discovery of more than $700,000 worth of marijuana plants.

Justice Scalia called the search a "physical intrusion" in his ruling, and said the area around a residence is protected by the Fourth Amendment.

In his dissenting opinion, Justice Samuel Alito wrote that the search shouldn't be considered a trespass because police have the same right to approach a residence as postal carriers or solicitors.

In February's Florida v. Harris decision, the court validated a K-9's alert at a traffic stop.

Editor's note: Look for a more detailed look at this case's effect on law enforcement in the May "Point of Law" feature.

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