Supreme Court Says It's Illegal For A Police Drug Dog To Sniff Your Porch

Business Insider ^ | Mar. 26, 2013 | Michael Kelley

[JustSayNoToNannies]

The Supreme Court has ruled that police use of a drug-sniffing dog on a homeowner's porch is a violation of the Fourth Amendment's protection against unreasonable searches and seizures. [...]

[LukeL]

Dogs act off of human body langauge far more than we think. If a cop wants to find drugs the dog may sense this and react in kind.

[Renegade]

Seems like the sheriffs are the ones to depend on now. A lot of LEOS are brainwashed and are over militarized.I had a sheriff’s officer in Florida tell me that if he was given the order to confiscate law abiding legally possessing citizens firearms he would turn in his badge.

[SargeK]

Understand first that I am not justifying - morally, legally, ethically - anything. I am simply going on the existing body of case law that governs police behavior. Furthermore, I make no attempt to defend or justify bad police conduct which runs counter to the established body of law. The established body of case law defines what is Constitutional and what is not. You are free to disagree with case law and so work to elect executives, senators and representatives who will appoint justices who will interpret the law in a manner more to your liking.

You have to be precise in your definition of ‘search’. A sniff around the outside of a vehicle that is parked or stopped (for valid legal reasons) in a public area is not a ‘search’ as it has been defined by the courts. Nobody and nothing has entered into your car. They are detecting the evidence that is leaking out, into the public space.

Maybe this decision says that they are reconsidering their previous rulings. But, your house and its curtilage has always been treated differently from a mobile conveyance by the courts and the residence is afforded more Constitutional deference and protection.

[a fool in paradise]

Shouldn’t be legal for a beagle to sniff your crotch either.

[Oztrich Boy]

Supreme Court Says It's Illegal For A Police Drug Dog To Sniff Your Porch

Why only police dogs? All Dogs do that.

[South40]

You have to be precise in your definition of ‘search’. A sniff around the outside of a vehicle that is parked or stopped (for valid legal reasons) in a public area is not a ‘search’ as it has been defined by the courts. Nobody and nothing has entered into your car. They are detecting the evidence that is leaking out, into the public space.

And no one need enter a house yet the USSC ruled that using a dog to sniff around a house is a "search".

The Supreme Court today said police officers cannot use drug-sniffing dogs along the perimeter of a house without first obtaining a search warrant. In a 5-4 ruling handed down Tuesday, the high court said the use of police-trained dogs to investigate a home's surroundings constitutes a "search," as defined by the Fourth Amendment.
source

I believe the same definition of "search" should apply. Obviously the court disagrees but, as I said, it has been wrong many times before.

[SargeK]

The courts have treated houses differently from mobile things like cars

I’m waiting for the landmark decision on mobile homes .... : ^)

[highball]

“And no one need enter a house yet the USSC ruled that using a dog to sniff around a house is a “search”.

They were on private property long before they got to the house.

[Eleutheria5]

Can he piddle on the corner post?

[Darren McCarty]

A dog sniff is not a search, but trespassing on the property can be. Porch is usually curtelage. Bringing the dog shows the cops intent.

I need to read the decision, but I think I know where it's going.

[max americana]

Thanks for the breakdown. I actually hate Roberts more than the libs on the SC as you know where they lean unlike this backstabbing puke.

[NonValueAdded]

I was making a ham and cheese sandwich at my desk. Law Enforcement came through the barracks with the drug dog and it went nuts at my door.

Well, see, it all fits! Because conventional wisdom tells us that any DA worth his salt could get a grand jury to indict that ham sammich.

[MadMax, the Grinning Reaper]

My son’s retired K9 (explosives sniffer), can eat your K9 (unless she just wants to nuzzle). Belgian Malinois.
Incredible ability to concentrate on something for a long time.
Not interested in donuts.

[Terry Mross]

W, the gift that keeps on giving. I knew I had a bad feeling about him.

[Gilbo_3]

Because a cop can, intentionally or unintentionally, cause a dog to give a false positive, the use of a dog should not be sufficient evidenct to enter without a warrant allowed for evidence anywhere.

just a couple edits for ya...

no different than a cop going fishin in yer car because he *smells alcohol* or *smells marijuana*...the dog is just a prop to use in case the fishing expedition comes up empty...

recently had a state trooper make me blow a breathalyzer on *his* smell...after laughing in his face and telling him he was a liar and a punk, i blew the bottom out of the lil straw and spit all over his arm...and informed him i havent drank in 7 yrs...

checkpoints on the road are no different than walking up on the porch...

[Gilbo_3]

Dogs have been domesticated for about 12,000 years; they were ubiquitous in both this country and Britain at the time of the adoption of the Fourth Amendment;

well, yer honor, why dont we put fido on the stand and allow cross examination ???

answer, because its a friggen DOG...

[no-to-illegals]

First ... Thank You for quoting George Washington in your tagline. George Washington understood.

Second ... Wonder how long before a judge will allow such to be done its a friggen DOG because someone would be setup as an authoritarian in dog think and testimony would be considered admissible? We have some terrible judges, in our nation, and when is done (a dog testifies) will not be surprised.

[Boogieman]

You may be right, but that’s not how it’s considered by the courts.

[Drawn7979]

i guess no one's paying attention to this story while PROP 8 show is on.

[oh8eleven]

We allowed them to conduct warrantless searches in airports, train stations, government buildings so they INFRINGED on the 4th Amendment and we did nothing.
Excellent post and to your point may I add my favorite - automobile "safety" road blocks.
Show me your papers ...