US Supreme Court To Argue Use Of K9 Search Outside Your Home
October 31, 2012
They’re already allowed to search your car, your crotch and your luggage. Now, man’s best friend is about to be allowed to sniff around outside your home, too. And if they smell something they don’t like, you’re going to jail. Your Constitutional right to secure your home against unreasonable search and seizure is about to be erased.
Gregory Garre, an attorney representing the state of Florida, argues that it’s perfectly legal to use drug-detection dogs to sniff around your outside house and if the dog alerts they can use that to justify entering your home to conduct a search. He compares it to Trick-or-Treaters on Halloween night:
“The police ‘did the same thing that millions of Americans will do on Halloween night, which is walk up to the front steps, knock on the door, and while they were there, they took in the air and the dog alerted to the smell of illegal narcotics.’”
The difference is, Americans don’t have to open their doors to Trick-or-Treaters if they don’t want to, but we all know what happens if you deny entry to a cop.
At issue is a 2006 case involving Joelis Jardines. After receiving an anonymous crime-stoppers tip that Jardines was conducting illegal drug activity in his home, police officers showed up on his doorstep with Franky, their drug-sniffing dog. When Franky alerted for drugs – outside the home, on the front porch – police officers got a warrant, searched Jardines’ home, found marijuana, and arrested him.