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Criminal Procedure Keyed to Dressler
Florida v. Jardines
Citation:
569 U.S. 1, 133 S.Ct. 1409, 185 L.Ed.2d 495.Facts
In 2006, police received an unverified tip that marijuana was being grown in the home of the defendant. Detectives brought a drug-sniffing dog to his house. The dog was trained to detect the scent of marijuana, cocaine, heroin, and several other drugs, indicating the presence of any of these substances through particular behavioral changes recognizable by his handler.
The dog was on a 6-foot leash. As the dog approached the defendant’s front porch, he apparently sensed one of the odors he had been trained to detect, and began energetically exploring the area for the strongest point source of that odor. The detective gave the dog “the full six feet of the leash plus whatever safe distance [he could] give him.” The dog sat at the base of the front door. The detective then pulled the dog away from the door and returned to his vehicle.
On the basis of what he had learned at the home, the detective applied for and received a warrant to search the residence. The search revealed marijuana plants, and the defendant was charged with trafficking in cannabis. He filed a motion to suppress, arguing that the drug-sniffing dog on his porch was a violation of his Fourth Amendment rights. The trial court granted it.
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