Skip to comments.If a Dog Sniff Around a Car is Not A Search, What About a Dog Sniff Around a Home?
Posted on 12/29/2011 8:27:34 PM PST by bamahead
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?
The police might do this to see if the dog will alert for the presence of narcotics in the home, which might then be used to help show probable cause and obtain a warrant to search it. 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.
Everyone agrees that use of human senses cant themselves violate the Fourth Amendment (eyesight, hearing, smelling, etc.), and the Court has held that the use of some sense-enhancing devices is okay (such as flashights) while the use of other sense-enhancing devices crosses the line and becomes a search (such as the use of thermal imaging devices on a home). In the case of sniffs around a car, reasonable people can disagree for a number of reasons on how dog sniffs should fit in this framework. But once the Court announces the rule for the common case of the sniff around a car, as it did in Caballes, some officer is going to try to use the rule to see if it applies elsewhere, as in a search around a home.
(Excerpt) Read more at volokh.com ...
Tomorrow it's for illegal foodstuffs and contraband gunpowder.
Not a lawyer, but the car is on the street on public property, the house is set back from the public right of way on private property.
Not sure that will past legal muster, but it’s a place to start.
If the dog can smell it the dog can assert probable cause when the dog asks for a warrant.
i can has cheezburger?
Police cannot go through a gate to plant a tracker on your car, but if it is in your driveway, that's OK.
Po' folk don't have as many gates...
...or as many rights.
Tomorrow it's for illegal foodstuffs and contraband gunpowder.
Seditious Terrorist literature. CO2 causing appliances. Improper influences on a child.
I would like to bring up the point that a K-9 is considered to be a police officer in most jurisdictions.
Unfortunately, he can’t speak;)
We go WWE next month....maybe...lol
Let 'em send their dog in.
No freedom. Get used to it guys.
Sometimes I feel like abandoning ship.
This is nothing. Wait til they have technology to see everything inside your house from a plane flying overhead.
are you kidding? Havn’t you been paying attention? They shoot dogs on sight. Your dog is not a problem to them whatsoever.
...what about where dogs usually put their nose?
he means drug sniffing dawgs owned by the cops. and yes its a search. how they can argue that its not a search, well the logic escapes me.
They’re not gonna shoot a dog in a fenced yard...especially if I’m out there with him.
===I would like to bring up the point that a K-9 is considered to be a police officer in most jurisdictions.===
So if one bites me is that police brutality?
I’m sure many of the folks here would be all for this.
After all.... If you’ve done nothing wrong, you have nothing to hide. Right?
...which is an indication of how stupid the laws have become in our country.
LOL I hope you are wearing a vest. They'll shoot that poor dog whether you are with it or not. They'll hit it 3 times, out of 477 shots fired.
Which is why I have a pack of Labs 3 adults and now 9 puppies. It will take a few minutes shooting to get them all.
Cops have been doing it for the past 5 years on a weekly basis if not more.
Just as with this move to corporate photo traffic enforcement.....if they watch you long enough they’ll find a traffic violation and a way to profit from it.
The goal is no longer about finding serious perps, but about profiting from the violation or the incarceration, or finding political dissidents who don’t like photo traffic cameras, or keeping society covered with a big net while everyone is screened.
When the concept of our leaders in declaring war went from defending us from actions, to preemption and conjecture based upon intel, the logical next step is to apply preemption rule to the general public and consider everyone of us as a potential threat worthy of questioning and screening. I don’t see Obama or Romney turning this trend around. Romney has been anointed by the media and GOP powers.
Unfortunately, dogs in fenced yards have been shot, even with their owners present.
Free Republic has several such incidents reported.
The frequency of such reported events is concerning, to say the least.
I hope that you never experience such a tragedy.
I am against the war on drugs and think we should just legalize them all and treat it as a health problem. Take all the crime and money out of it.
That said, I think the difference between drug sniffing around a car or a house comes down to this: are the police on public property or private property. The police are more than welcome to use their dog on public road outside the body of your car. As long as they are on public property, you have no right that prevents them.
As far as the home goes, as long as they do not trespass on your private property, your home is fair game. So if you are on 5 acres, they can’t get to your home. They have to stay outside your gate. If your condominium fronts right on a public alley, then the police are more than welcome to use their dog on that alley if they so chose.
That is the dividing line. The police cannot trespass on your private property, be it your home lot or inside your car. As long as they are walking on public ground, they are welcome to come as close to your car or your home as public ground can get them.
Do you assume I’ll be out there buck naked and carrying a daisy?
We don’t even have cops come around here, if they can avoid it.
Hillbillies are “funny people” and the 99% of the cops are local boys and know that.
Sorry but I’m not gonna be cowed.
A hail of bullets or die in my sleep...I don’t care.
I’m not for it.
Got no warrant?
Go to hell.
I will sit here patiently and wait for you to find *one* incident where cops came out into the backwoods and shot some hillbilly’s dog.
It’s an urban problem and it’s gonna stay that way.
Well aware of it and have been on every one of those threads.
It’s *always* some urban/suburban area.
It’s not gonna happen out here.
You might be right. I just said that cops shoot dogs all the time and seem to enjoy doing so. I made no mention of rural vs urban.
“That is the dividing line. The police cannot trespass on your private property, be it your home lot or inside your car. As long as they are walking on public ground, they are welcome to come as close to your car or your home as public ground can get them.”
God, how I love living up a dirt lane on a mountain 20 miles west of nowhere.
Soon as you turn off the paved county road, you are trespassing.
How cool is that?
These people were on the highway and not in an urban area and Yep...cops kill their dog.
Corrupt Feds attacking an armed compound.
Apples and oranges.
Plenty of dog killing stories here and all are not in the city
“they pleaded with officers to close the doors of their car so their two dogs would not escape, but the officers did not heed them.”
My dogs are always buckled in with seat belt harnesses for their own safety in case of an accident and are incapable of getting out of the car during a traffic stop.
Yes, it’s apparently becoming a “sport” and it disgusts me like nothing else.
I used to be a stalwart defender of LEOs because most of my family have been involved in law enforcement of one kind or another.
-None- of them would shoot somebody’s dog.
Not seeing any mention of Appalachia.
Pretty sure LEOs already do that.
Most Pipe Bombs, aka: IEDs, are made with gunpowder (or black powder). And if you're a 'person of interest aka: suspect, like in some car bombing, dogs will be at your house at some time. Warrant or no warrant, they'll be sniffing around.
so, on fidos 'word' we flip the presumption of innocence on its head...
public street or private home, its wrong to allow Rights to be diminished because a dog smells a BLT, OR his boss has trained him to 'alert' when desired...
dogs are amazing animals, and loyal...leos, well, theyve abused what little authority that has been vested in em long enough for me to say that they must 'prove' the ability to read the dogs mind...