stopthedrugwar.org/chronicle/2012/jan/07...rt_will_hear_florida
For anyone not familiar with florida vs. jardines - an officer and his dog approached a suspected grow house, where the dog then sensed on marijuana. the issue at hand is whether or not the dog should have been allowed onto private property prior to the issuance of a warrant.
Issue: Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?
Plain English Issue: Whether police violated the Fourth Amendment by taking a dog that had been trained to smell for drugs to the door of a house where they suspected that marijuana was being grown.
It'll be interesting to see how this pans out. They decided in people v. killo (1999?) that law enforcement may not use thermal imaging in order to provide probable cause for a warrant. The FLIR (thermal imaging) in and of itself requires a warrant, as it makes information available that the average public would not be capable of acquiring without special technology.
I think/hope they'll rule the same regarding drug dogs. While dog searches in airports, train/bus stations and traffic stops have been upheld without warrants, the fact that this particular situation took place on private property should be the deciding factor. The SCOTUS has always held that the home had an added expectation of privacy.
In other news... here is an article I found (printed last week) while I was searching for the info on Jardines:
stopthedrugwar.org/chronicle/2012/mar/26...t_decide_second_flor
Florida Supreme Court says: "We conclude that when a dog alerts, the fact that the dog has been trained and certified is simply not enough to establish probable cause to search the interior of the vehicle and the person."
The issue will now be taken to the US Supreme Court. Discrediting the use of drug-dogs in searches could be a huge step forward for patients nationwide!