By Jonathan Stempel(Reuters) - Two dogs, a chocolate Labrador retriever named Franky and a German shepherd named Aldo, should have their day at the U.S. Supreme Court.
The court is scheduled on Wednesday to hear Florida's appeal of two decisions by that state's highest court that found the detection of drugs by trained police dogs had violated the constitutional ban on unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution.
These arguments involve distinctly different issues: whether a dog can sniff outside a home without a warrant, and how qualified a dog must be to do a legitimate sniff.
They give the Supreme Court a chance to extend, or limit, prior decisions giving police a long leash to use dogs, including for suitcases at airports and cars stopped at checkpoints.
"If the court vindicates the ability of police to use dogs without probable cause, and that a sniff outside a car justifies searching that car, it could enhance their ability to use dogs for law enforcement," said Richard Garnett, a University of Notre Dame law professor and clerk for former Chief Justice William Rehnquist.
Like others in law enforcement, Florida maintains that dog "alerts" are not searches because they uncover illegal activities that deserve no privacy protection.
The retired Justice David Souter mocked that idea in a dissent from a 2005 pro-sniff decision, saying it supposes that a trained canine becomes an "infallible dog" that never errs.
At least 23 U.S. states joined each of Florida's appeals, calling drug-detecting dogs "essential weapons" at the forefront of efforts to stop illegal drug production and sales.
The Supreme Court is often their ally in search cases, typically siding with the police.
SANCTITY OF THE HOME
One of Wednesday's cases, Florida v. Jardines, concerns a December 5, 2006, search outside Joelis Jardines' home near Miami.
A "crime stopper" had tipped police that marijuana was growing inside. Relying on that tip, a detective, joined by Franky, approached. Trained to find the strongest odor, Franky went to the front door, sniffed the base, and sat down.
Continue Reading: reuters.com
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