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Post by jeffolie on Mar 26, 2013 9:55:11 GMT -6
US Sup Ct: dog warrants for homes, not cars Conservative Justices protect homes from warrantless searchs derived from drug sniffing dogs but allow for car searchs. Yet, not long ago this US Sup Ct protected against attaching GPS devices by police onto cars. =================================== Police Need Warrants for Dogs Sniffing Homes, High Court Says Mar 26, 2013 Police officers generally need a warrant before bringing a trained dog to the door of a house in the hope the animal might detect narcotics, the U.S. Supreme Court ruled. In a 5-4 decision, the high court said constitutional protection against warrantless searches extends to a suspect’s front porch and areas immediately surrounding a home. The ruling comes in one of two dog-sniff cases the U.S. Supreme Court is considering in their nine-month term. . “When it comes to the Fourth Amendment, the home is first among equals,” Justice Antonin Scalia wrote for the majority. “This right would be of little practical value if the state’s agents could stand in a home’s porch or side garden and trawl for evidence with impunity.” The ruling comes in one of two dog-sniff cases the justices are considering in their nine-month term. The justices ruled Feb. 19 that police officers can search someone’s car after a trained dog outside the vehicle alerts to the presence of drugs. The cases are Florida v. Jardines, 11-564, and Florida v. Harris, 11-817 www.bloomberg.com/news/2013-03-26/police-need-warrants-for-dogs-sniffing-homes-high-court-says.html
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Post by unlawflcombatnt on Mar 26, 2013 11:50:46 GMT -6
“When it comes to the Fourth Amendment, the home is first among equals,” Justice Antonin Scalia wrote for the majority. “This right would be of little practical value if the state’s agents could stand in a home’s porch or side garden and trawl for evidence with impunity.” Amen. Exactly right. That seems a little more justifiable, since roads are in the public domain and since driving is a privilege, not a right.
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