Is Dog sniffing on Your Front Porch Legal?

POOCHES POT AND PRIVACY . . .In the midst of a poor economy and high unemployment, our Supreme Court Justices have turned their attention to, yes, sniff dogs.

POLICE DOG

US SUPREME COURT WILL DECIDE IF THE USE OF DOGS TO SNIFF OUT INDOOR GROW HOUSES IS LEGAL OR AN INVASION OF PRIVACY.

Pooches Pot and Privacy

The issue they are pondering can be summarized as follows:  can a police dog be allowed to sniff outside a home for illegal drugs that are inside the home?  Or, does a person have a right to privacy?

The justices have signaled that the privacy rights of an individual are too great to allow police a broad license to let police dogs sniff around a home for evidence that is not visible. Additionally, the justices discussed setting a bar for police officers, a test of their dogs so to speak, that proves the dogs are “reliable” and not just “sniffers” meaning that the justices want to bar the police from the potential of using known “unreliable sniffers” (police dogs not sufficiently trained) just to harass people and search them un-necessarily.

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According to the SCOTUS, if a police dog is purposely brought to your front porch for the purpose of sniffing for alleged drugs, that constitutes an illegal search.  We suppose that wouldn’t be much different from bringing the same dog to a parking lot and sniffing any selected car, unless there was already a warrant or other evidence which would give rise to do so. While the same privacy as to a home might be different from a car, normally it would still not likely fly.

https://www.law.cornell.edu/supct/pdf/11-564.pdf

 

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