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Court: Drug dog sniff is unconstitutional search
WASHINGTON (AP) The Supreme Court says police using a dog to sniff outside a Miami-area house being used to grow marijuana violated the homeowner's constitutional rights.
The court voted 5-4 to uphold a court decision throwing out the evidence seized because of Franky the drug-sniffing dog's alert to police.
Justice Antonin Scalia, writing for the majority, says a house and its surroundings are a constitutionally protected area, and the homeowner had not given permission for police to use a drug-sniffing dog to look for evidence.
Justice Samuel Alito wrote the dissent, saying police did not trespass on the property by coming up to the front door with the dog. Alito also said people cannot expect that odors will not make it outside a house, where they can be detected by dogs.
http://www.10tv.com/content/stories/apexchange/2013/03/26/us--supreme-court-drug-sniffing-dog.html
Poll_Blind
(23,864 posts)Not only does it seem like a win for Fourth Amendment rights, it was also written by Scalia. Pinch me!
PB
CaliforniaPeggy
(149,593 posts)And Scalia wrote for the majority?
dixiegrrrrl
(60,010 posts)Way too many stories of cops using dogs to falsely alert on car stops.
Lochloosa
(16,063 posts)Article [IV]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
pipoman
(16,038 posts)of Scalia rulings I agree with....add one to the list! Great ruling!
premium
(3,731 posts)I nearly had a heart attack when I read that Scalia wrote the majority opinion, I guess that he does do the right thing sometimes.
Great ruling, now, on to banning the police practice of holding citizens in their cars while a drug dog walks around it sniffing for drugs.
TeamPooka
(24,221 posts)Ikonoklast
(23,973 posts)premium
(3,731 posts)he goes and does something like this.
Ikonoklast
(23,973 posts)Hitler liked dogs.
(Godwin)
premium
(3,731 posts)It's just a matter of time.
LiberalFighter
(50,896 posts)If they had probable cause they don't need the dog.
Where does Alito live? I'm sure some odors can be detected there.
premium
(3,731 posts)the odors of decay.
kudzu22
(1,273 posts)I don't think he's the right-wing ideologue that many believe him to be. He's more of a libertarian bent, and consistently supports checks against government power. Many times that favors the right, but sometimes it favors the left.
What surprises me is that it was not 9-0.
Recursion
(56,582 posts)That's his overarching goal, IMO.