THE PRYING NOSE: FLORIDA V. JARDINES AND WARRANTLESS DOG-SNIFF TESTS ON PRIVATE PROPERTY
In: Duke Journal of Constitutional Law & Public Policy Sidebar, Jg. 8 (2013), S. 105
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academicJournal
I. INTRODUCTION K-9 units have become an invaluable resource for police departments and federal agencies in the war against drugs. A trained dog's keen sense of smell alerts officers to the presence of contraband, thereby leading to the prompt apprehension of drug traffickers, dealers, and the like. The United States Supreme Court has approved warrantless use of K-9 units in several situations: public airports, routine drug stops, and narcotics detection points. 1 In Florida v. Jardines , 2 the Court will determine for the first time whether sniff tests on private premises violate the Fourth Amendment. This case will serve as a conduit for the Court to refine the Fourth Amendment's protections of the home. The Court will address whether sniff tests within the curtilage of an individual's residence constitute a search under the Fourth Amendment. The Court will likely decide that its holdings in previous dog-sniff cases, which involved private property in public places, are inapplicable to the facts present in Jardines . Additionally, because dog-sniff tests violate a homeowner's reasonable and justifiable expectation to be free from the government's prying eyes (and nose) within his home, they likely violate the Fourth Amendment. II. FACTS In November 2006, Detective William Pedraja of the Miami-Dade Police Department received an unverified Crime Stoppers tip that Respondent, Joelis Jardines, was using his home to grow marijuana. 3 A month later, Jardines's home was the subject of surveillance by the Miami-Dade Police Department, the Narcotics Bureau, and the Drug Enforcement Administration. ...
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THE PRYING NOSE: FLORIDA V. JARDINES AND WARRANTLESS DOG-SNIFF TESTS ON PRIVATE PROPERTY
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Autor/in / Beteiligte Person: | MIRSAIDI, ALI |
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Zeitschrift: | Duke Journal of Constitutional Law & Public Policy Sidebar, Jg. 8 (2013), S. 105 |
Veröffentlichung: | 2013 |
Medientyp: | academicJournal |
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