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Supreme Court to decide if drug dogs pass constitutional smell test

franky.jpeg

The Supreme Court on Wednesday is set to hold oral arguments concerning the novel question of whether judges may issue search warrants for private residences when a drug-sniffing dog outside the home reacts as if it smells drugs inside.

In a second case involving drug-sniffing dogs, the justices also will entertain arguments Wednesday concerning a Florida Supreme Court decision allowing defendants to challenge the authenticity of a drug sniff, by bringing up past evidence of false alerts and how well-trained the dog and handler were.

The home-sniff case, also arriving from the Florida Supreme Court, tests a decade-old U.S. Supreme Court precedent in which the justices ruled that police need a warrant to use thermal-imaging devices outside a house to detect marijuana-growing operations, saying it amounted to a search. In that case, the high court ruled in 2001 that “rapidly advancing technology” threatens the core of the Fourth Amendment “right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.”
via Wired

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Image: Miami-Dade County Police Department K-9 “Franky” has discovered more than 2.5 tons of marijuana.
Photo: Courtesy of Miami-Dade County Police Department

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