Supreme Court: Drug Dogs Unconstitutional

Mattyweb

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Be interesting to see where this goes:

Drug dog sniff is unconstitutional search, Supreme Court rules | Fox News

5-4 split on the constitutionality of use of a drug dog to sniff outside ones home. Alito has some 'interesting' views on this:

It's not trespassing when a mail carrier comes on a porch for a brief period, Alito said. And that includes "police officers who wish to gather evidence against an occupant," Alito said.

So apparently, it is ok for police to trespass in your home if they only do it for a 'brief period'.

Will be interesting to see how this is applied to search of other areas based on this said by Kagan:

"A drug detection dog is a specialized device for discovering objects not in plain view (or plain smell)," Kagan wrote in a concurring opinion. "That device here was aimed at a home — the most private and inviolate (or so we expect) of all the places and things the Fourth Amendment protects. Was this activity a trespass? Yes, as the court holds today. Was it also an invasion of privacy? Yes, that as well."

Can these 'devices' be aimed at cars driving down the road?
 

Stryker

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Alito has some 'interesting' views on this:
It's not trespassing when a mail carrier comes on a porch for a brief period, Alito said. And that includes "police officers who wish to gather evidence against an occupant," Alito said.
So apparently, it is ok for police to trespass in your home if they only do it for a 'brief period'.
I think he has that completely wrong - the reason it isn't trespass for a mail carrier to come onto your porch, is that you have given him implied permission to do so. Not in the case of LEO unless there is probable cause for them to be on your property.

Definitely an interesting finding - I agree it could be a stepping stone to prohibit some styles of evidence gathering.
 

xtry51

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Interesting angle with expanding it to cameras.

I think a more direct result would be dogs can no longer be used to sniff cars for drugs. This decision would seem to make a perimeter sniff of the car to justify a deeper search illegal.
 

Roland Deschain

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Interesting angle with expanding it to cameras.

I think a more direct result would be dogs can no longer be used to sniff cars for drugs. This decision would seem to make a perimeter sniff of the car to justify a deeper search illegal.
You have you get past the motor vehicle warrant exemption at this point. That's a little more entrenched.
 
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