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.