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Florida Vs Harris Case Study

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Words 442
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Juan Gomez

Florida V. Harris

On June 42, 2006 a Florida Sheriff Canine Officer Weetley and his dog detection dog Aldo, were on patrol. When the officer stop the defendant Clayton car because his tag had expired, the officer notice that the defendant was nervous and was shaking, and the officer notice that the defendant had an open beer container in the cup holder. When the officer ask the defendant permission to search the search the car, the defendant refuse. Then Officer Weetley use Aldo to search the outside of the car, and as the dog performed a “free air sniff, the dog detect something in the driver side of the door. But there was nothing on the driver side, but on the passenger side the officer found products to make methamphetamine. And clayton was arrested. …show more content…
Harris moved to suppress the items recovered during the search, saying that Officer Wheetley did not have probable cause to conduct the search. During the suppression hearing in the Circuit Court of Liberty County, Florida

Respondent arguments
Harris moved to suppress the items recovered during the search, alleging that Officer Wheetley did not have probable cause to conduct the search. During the suppression hearing in the Circuit Court of Liberty County, Florida, Harris introduced evidence to support his position that Aldo was an unreliable drug-detection dog. Harris testified that two months after the initial stop, Officer Wheetley again stopped Harris for a traffic violation and deployed Aldo. Aldo again alerted to the driver-side door but this time Officer Wheetley did not recover any contraband.

Issue
Does a drug-detection dog's alert to the exterior of a vehicle provide an officer with probable cause to conduct a warrantless search of the interior of the vehicle?

Court

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