Warm Southern Breeze

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Posts Tagged ‘Gregory G. Garre’

Dope-Sniffing Dogs (and their Law Enforcement owners) get their day in the United States Supreme Court

Posted by Warm Southern Breeze on Wednesday, October 31, 2012

The so-called “conservative,” or Republican justices are showing their true colors.

Welcome to their police state.

Drug-Sniffing Dogs Have Their Day in Court as Justices Hear 2 Arguments

By
October 31, 2012

WASHINGTON — In back-to-back arguments about drug-sniffing dogs, the Supreme Court on Wednesday seemed open to limiting their use outside homes but not near cars.

The first argument concerned Franky, a chocolate Labrador retriever who detected the smell of marijuana outside a Florida house. The police obtained a warrant to search the house based on Franky’s signal, and they found a marijuana-growing operation inside.

The court’s four liberal justices all asked questions that were skeptical of allowing dogs to sniff around near homes without probable cause. They were joined by one of the court’s conservatives, Justice Antonin Scalia, who sometimes staked out positions more protective of homeowners’ privacy than the lawyer for the defendant in the case.

The Supreme Court has said the privacy of the home is at the core of what is protected by the Fourth Amendment’s ban on unreasonable searches. Justice Scalia is the author of the majority opinions in both a 5-to-4 decision in 2001 limiting the use of thermal-imaging technology to peer into homes and a unanimous ruling in January, on varying rationales, limiting the use of GPS tracking devices on cars.

Justice Scalia’s opinion in the second case was based on Read the rest of this entry »

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