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Fourth Amendment K-9 search outside home unConstitutional

Discussion in 'Bill of Rights' started by CATO, Mar 26, 2013.

  1. CATO

    CATO Monkey+++

    Supreme Court: K-9 Search Violated Home Privacy - News - POLICE Magazine

    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.
  2. BTPost

    BTPost Old Fart Snow Monkey Moderator

    Yep, Your home is a 4th Amenment protected place, where your Car is not so protected... I like that ruling very much...
  3. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    I agree with the ruling, but do not agree with traffic stops where a K9 comes in to check on drugs for PC to search a vehicle. I know this is in public, but your rights should not change because of that. I also have a major problem with the roadside sobriety check points.
  4. UGRev

    UGRev Get on with it!

    My car may be "In Public" but so is my house, technically. Because my house is stationary and my vehicle is not, I somehow lose the right to privacy within my vehicle? bah..
    Mountainman and CATO like this.
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