Is a Drug Dog’s Sniff a Warrantless Search?

The United States Supreme Court agreed to hear a Florida case challenging the constitutionality of using a drug-sniffing dog in a warrantless search outside a home suspected of being a marijuana grow house.

As reported in the Huffington Post:

“The case, Florida v. Jardines, comes up from the state Supreme Court, which ruled that Franky the narcotics dog’s outside odor detection was “a substantial government intrusion into the sanctity of the home and constitutes a ‘search’ within the meaning of the Fourth Amendment.” Florida’s high court pointed to a 2001 U.S. Supreme Court opinion, written by Justice Antonin Scalia, that found police use of a thermo-imaging device to detect tell-tale heat emanating from a suspected grow house violated the Fourth Amendment’s ban on unreasonable searches.”

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If you believe your constitutional rights have been violated, the Lawyer Referral Service of the NH Bar Association can refer you to competent attorneys who have experience handling constitutional law issues.  Call 603-229-0002 for a referral or submit the online request form.

Do You Know Your Rights?

Should you refuse a request from a police officer to search your car?  How should you refuse a search request?  When do you have to show ID?  Is a police officer allowed to lie to you? 

For answers to these and other questions  in the form of short video reenactments and basic FAQs, visit http://flexyourrights.org/, a non-profit whose mission it is to educate the public on how the basic Bill of Rights protections apply during encounters with law enforcement.