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Police Dogs

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poliocePolice Dogs and the 4th Amendment
Kenda Julius
The University of Phoenix CJA/304

Police Dogs and the 4th Amendment

The 4th Amendment
Americans have protection from the law doing any unreasonable search and or seizure. The American people take the 4th Amendment very seriously and when they feel it may have been breached by law enforcement, action is usually taken. However, does the 4th Amendment also pertain to “drug sniffing police dogs”? Do police dogs need to obtain a search warrant when drugs are thought to be smelled? The Supreme Court of The United States of America recently has decided that police dogs may not search or sniff without a warrant. Florida v Jardines
In December 2006 surveillance was being set up outside the home of Mr. Jardines. Miami-Dade police and the U.S. Drug Enforcement Administration had gotten a tip that the Jardine household may be growing marijuana and trafficking the drug as well. On the morning of December 05, 2006 a police detective and his drug dog went up to the porch of the Jardine home. The dog “Franky” immediately set down, which is the communication the dog uses for positive drug smell. This information was then used to obtain a search warrant. Needless to say Mr. Jardine had over $700,000.00 in marijuana and was arrested.
Invasion of Mr. Jardines Privacy and Trespassing
Intrusion of the home is what Mr. Jardine says happened. His front door was shut and the front patio of a home is a part of the home. Therefore making this entire surveillance setup illegal under the 4th Amendment. The court trial judge actually sided with Mr. Jardine and threw out the evidence but an intermediate appeals court said the evidence was admissible and the decision was reversed. The Supreme Court 5-4 Decision
The high court decision was that the activity was not constitutional because you cannot obtain evidence...

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