The Supreme Court recently held that K9 searches, otherwise known as “dog sniffs,” are a search just like any other, especially when conducted on a home.
In a rather controversial holding, the Florida Supreme Court recently resolved a among the lower courts regarding the use of drug detection dogs in homes. In Jardines v. State, the Miami Police Department made a spectacle of the investigation into Mr. Jardines’ home. Uniformed officers, patrol cars, K9 units surrounded the house and a K9 officer and his trained drug detection dog went onto Mr. Jardines’ front porch. There, the dog alerted to the presence of narcotics in the home. Police entered the home and found marijuana within.
Dog sniffs of homes have generally been permitted in Florida for many years. Ever since the United States Supreme Court holding in Kyllo v. United States, courts have only required a small amount of suspicion to justify such a search. The Florida Supreme Court held in Jardines that much more than a mere suspicion is required to perform a dog sniff of one’s home. They classified the sniff as a search under the Fourth Amendment, meaning that probable cause is required to justify such a government action.
The Florida Supreme Court’s decision is a bold one, and may face review by the U.S. Supreme Court itself. Prosecutors are screaming their dissent, while law enforcement are scratching their heads to determine whether or not they even need dog sniffs if they already have probable cause to search – normally, the dog sniff is part of the probable cause determination. The Court’s written opinion focused on the degree of “public opprobrium” that Jardines faced by the actions of law enforcement. Specifically, they refused to find that the dog sniff was not an invasive procedure because to any outside observer, there was clearly a police investigation taking place at the home. By drawing unnecessary public attention to their actions, the police increased the threshold of proof required to justify said actions.
Whether or not the decision in Jardines is final, one thing is for certain: the home remains a sanctuary under the Fourth Amendment. If you are being charged with a crime, don’t face it alone. Visit my website at www.shafercriminallaw.com or call me at (904)350-9333 for a free consultation.
Regards,
Robert Shafer
