The 4A,. Drug Dog "Testimony" and Florida

[fightingquaker13]

You've got to love the Florida GOP. Most states, we actually have small government Republicans who believe in civil liberties and keep the law and order types in line. Not so much in the Sunshine State. Following in the footsteps of her predecessor Bill McCollum, who never found a police action he couldn't justify, our AG Pam Bondi is blazing a new trail. The case is Florida vs Jardine, and it is on the way to the SC.
In the case, the cops brought a drug sniffing dog to a guy's house. When it sat (according to the cops its indicator that there were drugs, or, if you're cynical, someone said "sit") they then got a warrant and popped the homeowner for growing weed. This has never been allowed before. Dog searches are permissible in cars and places like airports where the Court has ruled that there is a lowered expectation of privacy. But its never been used to justify entrance to a home. The idea that the cops can bring a dog to your door and if it sits down justify a search for drugs or guns, or for all we know internet porn and subversive literature pisses me off. The fact that a GOP AG, (supposedly the party of small government, remember) chose to appeal the Florida SCs wise decision to toss the search and potentially make this national policy makes it that much worse. WTF is wrong with these people? What part of small government and property rights does this woman fail to understand? AAARGH! Rant over.
FQ13
Here is the link

http://news.yahoo.com/decided-nose-court-ponders-drug-dogs-sniff-161604659.html

[tombogan03884]

Got to be more to it.
Why were the cops there with the dog in the first place ?

[fightingquaker13]

Got to be more to it.
Why were the cops there with the dog in the first place ?

Because they were arrogant and lazy. The guy was guilty as hell, no question. its what I tell all my Con law classes. You will never see an SC case about civil liberties where the guy didn't do it. That's not the point. Its about the 4A. I mean c'mon, the guy wasn't going to flush 179 plants or smuggle them out in his sock. How hard would it have been to set up a little survellience and catch a buyer or supeana power bills or the like? They just got lazy, and now we might all have to deal with it because our AG won't let it go. 
FQ13

[Tyler Durden]

They could just legalize all drugs, especially pot, and stop using the drug war as leverage against our civil rights....

Just sayin'....

[jnevis]

Are you 100% sure they didn't have CI's that gave them probable cause to bring the dog?  It sure sounds like it from the article:

On the morning of Dec. 5, 2006, Miami-Dade police detectives and U.S. Drug Enforcement Administration agents set up surveillance outside a house south of the city after getting an anonymous tip that it might contain a marijuana grow operation. Bartelt arrived with Franky and the two went up to the house, where Franky quickly detected the odor of pot at the base of the front door and sat down as he was trained to do.

Pretty standard response.  The dog was only part of the justification for the warrant.  I doubt any judge, no matter how jaded and "open mided", woudl sign off on one just from the dog anyway.

[Sponsor]

[TAB]

my exp with drug dogs in the coasties was they could smell it from several hundred feet away.  They would then leed you too it.

Lets just say the cops are on the up and up, a k9 cop car parked out front, with the windows rolled down, the dog could smell it and would let you know something was not right.  So unless there was  cop that though they could get sneaky and make new law( or didn't care about the law) a police dog could have very easily found this, even if they were not taken to the door.

FWIW whats the diffrence between using dogs and drivig by with a infired camera?  A judge had to sign the warent on grounds the dog said there was drugs there.  The only way I see this guy getting off is if the warrent is bad or the cops were trying way to hard to nail this guy.

[JC5123]

my exp with drug dogs in the coasties was they could smell it from several hundred feet away.  They would then leed you too it.

Lets just say the cops are on the up and up, a k9 cop car parked out front, with the windows rolled down, the dog could smell it and would let you know something was not right.  So unless there was  cop that though they could get sneaky and make new law( or didn't care about the law) a police dog could have very easily found this, even if they were not taken to the door.

FWIW whats the diffrence between using dogs and drivig by with a infired camera?  A judge had to sign the warent on grounds the dog said there was drugs there.  The only way I see this guy getting off is if the warrent is bad or the cops were trying way to hard to nail this guy.

The difference is that the SCOTUS has deemed this illegal. And a violation of the reasonable right to privacy in ones own home.

http://www.erowid.org/freedom/courts/supreme/supreme_case2_comment1.shtml

To summarize, the police cannot use and scanning devise to penetrate the interior of a home without a warrant. Using the dog as evidence to gain the warrant seems like it would fall under this decision. Even if it was applied to high tech devises. I see no difference here. 

[Timothy]

Thirty seven years ago, give or take a few months, while I was on Naval Station Key West, the command ran a mutt through the barracks and it alerted on one particular room.  An hour later, they emptied out the school and we all had to report to our rooms and stand at attention in front of our lockers.  During locker search a single joint was located in a pack of smokes and the poor squid was whisked off to the brig, arraigned by the base SP's and sent back to his room later that night to wonder what fate awaited him!

He was allowed to finish his training and was put on a legal hold by the Command.  Some months later, he was held to Summary Courts Martial and as luck would have it, he was acquitted of all charges, his record was expunged by the Base Command due to a direct violation of his 4th Amendment rights as granted by the United States Constitution!  Even the military was held to the same standard as a civil court would have been.

He went on to receive several Naval Commendations, a Good Conduct Medal, Pistol Expert, kept a 3.8-3.9 evaluation average and was highly recommended for retention and advancement!

The rest is history!

[TAB]

Thirty seven years ago, give or take a few months, while I was on Naval Station Key West, the command ran a mutt through the barracks and it alerted on one particular room.  An hour later, they emptied out the school and we all had to report to our rooms and stand at attention in front of our lockers.  During locker search a single joint was located in a pack of smokes and the poor squid was whisked off to the brig, arraigned by the base SP's and sent back to his room later that night to wonder what fate awaited him!

He was allowed to finish his training and was put on a legal hold by the Command.  Some months later, he was held to Summary Courts Martial and as luck would have it, he was acquitted of all charges, his record was expunged by the Base Command due to a direct violation of his 4th Amendment rights as granted by the United States Constitution!  Even the military was held to the same standard as a civil court would have been.

He went on to receive several Naval Commendations, a Good Conduct Medal, Pistol Expert, kept a 3.8-3.9 evaluation average and was highly recommended for retention and advancement!

The rest is history!

I find that intresting as part of the paper work you sign waves several of your rights, including your 5th amendments.

[jnevis]

Thirty seven years ago, give or take a few months, while I was on Naval Station Key West, the command ran a mutt through the barracks and it alerted on one particular room.  An hour later, they emptied out the school and we all had to report to our rooms and stand at attention in front of our lockers.  During locker search a single joint was located in a pack of smokes and the poor squid was whisked off to the brig, arraigned by the base SP's and sent back to his room later that night to wonder what fate awaited him!

He was allowed to finish his training and was put on a legal hold by the Command.  Some months later, he was held to Summary Courts Martial and as luck would have it, he was acquitted of all charges, his record was expunged by the Base Command due to a direct violation of his 4th Amendment rights as granted by the United States Constitution!  Even the military was held to the same standard as a civil court would have been.

He went on to receive several Naval Commendations, a Good Conduct Medal, Pistol Expert, kept a 3.8-3.9 evaluation average and was highly recommended for retention and advancement!

The rest is history!

Never happen now.  ANY drug or DUI arrest and your career is effectively over.  Captains' Mast in your record, forget it.  YOu may be able to stay in but advancement will be impossible.