March 26 (Bloomberg) -- Drug-sniffing police dogs have their place, the U.S. Supreme Court ruled. And it’s not on a suspect’s front porch.
The court today said officers typically need a warrant before taking an animal to the door of a house in the hope of detecting narcotics. The justices ruled on Feb. 19 that police officers can search someone’s car after a trained dog outside the vehicle alerts them to the presence of drugs.
Together, the decisions amount to a vote of respect for the abilities of police dogs -- and wariness about their potential misuse. While the court has previously said officers can walk onto a suspect’s property to knock on the door, the 5-4 majority today said the use of trained dogs is different.
“When it comes to the Fourth Amendment, the home is first among equals,” Justice Antonin Scalia wrote. “This right would be of little practical value if the state’s agents could stand in a home’s porch or side garden and trawl for evidence with impunity.”
The justices were considering a bid by Florida officials to revive the prosecution of a man arrested after police raided a Miami house and found marijuana plants.
The Florida Supreme Court said prosecutors couldn’t use evidence obtained in the house because officers violated the U.S. Constitution’s ban on unreasonable searches.
Scalia was joined in the majority by Justices Clarence Thomas, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts and Justices Samuel Alito, Anthony Kennedy and Stephen Breyer dissented.
The way the justices lined up in this is interesting. I see it as a good warning for the future, too.
Orthodoxy SUCKS.
"Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual." Thomas Jefferson