Please ensure Javascript is enabled for purposes of website accessibility

US Supreme Court to decide if use of drug sniffing dog is search

US Supreme Court to decide if use of drug sniffing dog is search

Listen to this article

The U.S. Supreme Court has agreed to decide whether the police’s use of trained narcotics sniffing dogs at the front door of a suspect’s house is a search under the Fourth Amendment requiring probable cause.

Police conducted a warrantless “sniff test” by a drug detection dog at the defendant’s home and discovered live marijuana plants inside.

The defendant moved to suppress the evidence, and the trial court granted the motion.

The state appealed, and the appellate court reversed.

The defendant appealed to the Florida Supreme Court, claiming the warrantless “sniff test” violated his right against unreasonable searches under the Fourth Amendment.

The court reversed, holding that the public and dramatic nature of the sniff test at issue was “a substantial government intrusion into the sanctity of the home and constitutes a ‘search’ within the meaning of the Fourth Amendment. …

“On the scene, the procedure involved multiple police vehicles, multiple law enforcement personnel, including narcotics detectives and other officers, and an experienced dog handler and trained drug detection dog engaged in a vigorous search effort on the front porch of the residence,” the court said. “[T]here was no anonymity for the resident.

Such a public spectacle unfolding in a residential neighborhood will invariably entail a degree of public opprobrium, humiliation and embarrassment for the resident, for such dramatic government activity in the eyes of many – neighbors, passers-by, and the public at large – will be viewed as an official accusation of crime.”

The Supreme Court could issue a ruling in the case later this term.

Florida v. Jardines, No. 11-564.Certiorari granted:  Jan. 6, 2012. Ruling below: No. SC08-2101 (Fla. S. Ct.  2011).

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests