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Criminal Procedure Keyed to Allen
Florida v. Jardines
A detective of the Miami-Date Police Department received an unverified tip that marijuana was being grown in the home of the Respondent, Joelis Jardines. A month later, a joint surveillance team went to the Respondent’s home. The detective watched the home and could not see inside because the blinds were drawn. The detective then approached the Respondent’s home with another detective who was a trained canine handler and had his drug-sniffing dog with him. The dog was trained to detect the scent of marijuana, cocaine, heroin, and other drugs.
The canine handler had the dog on a six-foot leash and as the handler and the dog approached the Respondent’s front porch, the dog apparently sensed one of the odors he had been trained to detect and began exploring the area for the strongest source of that odor. After sniffing the base of the front door, the dog sat which what he was trained to do upon discovering the strongest point of the odor. The canine handler pulled the dog away from the door and returned to his vehicle and alerted the other detective of his positive alert for narcotics.
Using this as a basis, the detective applied for and received a search warrant for the residence. Upon execution of the warrant, the Respondent tried to flee and was arrested. The search warrant revealed marijuana plants in the home and the Respondent was charged with trafficking marijuana.
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