I have to admit this surprises me. How sad is it that it does?
WASHINGTON — The Supreme Court ruled Tuesday that police cannot bring drug-sniffing police dogs onto a suspect’s property to look for evidence without first getting a warrant for a search, a decision which may limit how investigators use dogs’ sensitive noses to search out drugs, explosives and other items hidden from human sight, sound and smell.
The high court split 5-4 on the decision to uphold the Florida Supreme Court’s ruling throwing out evidence seized in the search of Joelis Jardines’ Miami-area house. That search was based on an alert by Franky the drug dog from outside the closed front door.
Justice Antonin Scalia said a person has the Fourth Amendment right to be free from the government’s gaze inside their home and in the area surrounding it, which is called the curtilage.
Of course you are still fucked if you are in your car though.
They can still use the threat of bringing a drug dog around if they feel you are being uncooperative.
This is a big ruling though and the wording of the dissent is what I would have thought would be the majority opinion out of that bunch of fuckers.
“The police cannot, without a warrant based on probable cause, hang around on the lawn or in the side garden, trawling for evidence and perhaps peering into the windows of the home,” Justice Antonin Scalia said for the majority. “And the officers here had all four of their feet and all four of their companion’s, planted firmly on that curtilage – the front porch is the classic example of an area intimately associated with the life of the home.”
Here is what I would have thought let them off the hook.
Alito also said that the court’s ruling stretches expectations of privacy too far.
“A reasonable person understands that odors emanating from a house may be detected from locations that are open to the public, and a reasonable person will not count on the strength of those odors remaining within the range that, while detectable by a dog, cannot be smelled by a human.”
Yeah, fuck you Alito.
Here is Kagan’s take on the majority opinion.
“A drug detection dog is a specialized device for discovering objects not in plain view (or plain smell),” Kagan wrote in a concurring opinion. “That device here was aimed at a home – the most private and inviolate (or so we expect) of all the places and things the Fourth Amendment protects. Was this activity a trespass? Yes, as the court holds today. Was it also an invasion of privacy? Yes, that as well.”
This case stems from a 2006 pot growing bust.
On the morning of Dec. 5, 2006, Miami-Dade police detectives and U.S. Drug Enforcement Administration agents set up surveillance outside a house south of the city after getting an anonymous tip that it might contain a marijuana growing operation. Detective Douglas Bartelt arrived with Franky and the two went up to the house, where Franky quickly detected the odor of pot at the base of the front door and sat down as he was trained to do.
That sniff was used to get a search warrant from a judge. The house was searched and its lone occupant, Jardines, was arrested trying to escape out the back door. Officers pulled 179 live marijuana plants from the house, with an estimated street value of more than $700,000.
Jardines was charged with marijuana trafficking and grand theft for stealing electricity needed to run the highly sophisticated operation. He pleaded not guilty and his attorney challenged the search, claiming Franky’s sniff outside the front door was an unconstitutional law enforcement intrusion into the home.
The guy was obviously guilty as hell but this landmark ruling at least puts a speed bump in the fascist bastards illegal search tactics.
Back to that pesky warrant process for you Sparky.
I recall another case almost like this in California where the cops were on a completely unrelated case and their dog suddenly ran up to a different house and alerted for drugs and they busted the shit out of some guy for growing.
I would bet money that will be challenged now because of this ruling.