SCOTUSblog flags a pending cert petition on an interesting Fourth Amendment question: What limits, if any, does the Fourth Amendment place on the use of a trained drug-sniffing dog to approach the front door of a home?
There are probably numerous reasons why the police would claim that they need to have this power, but they don't. And in my humble opinion, they shouldn't have that power. Under Illinois v. Caballes, the use of the dog around a car is not a “search” and therefore outside the Fourth Amendment. The question is, does the Caballes rule apply when the dog is brought to the front door of a home rather than a car? A divided Florida Supreme Court ruled in Jardines v. State that Caballes does not apply and that probable cause is required to bring the dog up to the home for a sniff.
Hopefully the Supreme Court agrees, but it should be an interesting discussion.
Tue, January 3, 2012
by Landon Ascheman filed under