Search
and
Seizure:
Florida
Appeals
Court
Restricts
Warrantless
Drug
Dog
Searches
2/24/06
https://stopthedrugwar.org/chronicle-old/424/dogsearches.shtml
The Florida 4th Circuit Court
of Appeals in West Palm Beach has ruled that police must obtain a warrant
before drug-sniffing dogs are allowed to search private property.
In a February 15 opinion in
the case of a Hollywood man charged with drug offenses after police without
a warrant used a drug dog to sniff his front door, the appeals court refused
to overturn a lower court ruling that found the warrantless search unconstitutional.
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Rockland County, Missouri, drug dog demonstration
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In April 2002, police received
an anonymous tip that James Rabb was growing marijuana in his home.
They surveilled his home, then followed him when he drove away in his car
and pulled him over on a pretext (improper lane change, going 40 in a 55
mph zone), finding a joint and two books and a video about marijuana cultivation
in his car. When Rabb exercised his 5th Amendment right to silence,
police arrested him for marijuana possession and returned to his home.
They brought in a drug dog, who sniffed at the front door and alerted,
signaling the presence of marijuana. Police then used the drug dog
alert as well as the seized joint and grow literature as the basis for
a search warrant that uncovered marijuana under cultivation.
At trial, Rabb and his attorney,
Charles Wender, argued that the evidence from the home search should be
thrown out because police had violated Rabb's Fourth Amendment right against
unreasonable search and seizure. Broward Circuit Court Judge Ilona
Holmes agreed, throwing out the evidence.
"It would have opened the
door to terrible civil liberties violations," Wender told the Miami Herald.
The state appealed, citing
the US Supreme Court decision in Cabello vs. Illinois, where the high court
held that a drug dog search is not a search. But appeals court Judge
Bobby Gunther, joined by Judge Gary Farmer, held that Cabello did not apply
to a home search because such searches must be held to higher standards
than vehicle searches.
"A firm line remains at [a
home's] entrance blocking the noses of dogs from sniffing government's
way into the intimate details of an individual's life," wrote Gunther.
"If that line should crumble, one can only fear where future lines will
be drawn and where sniffing dogs, or even more intrusive and disturbing
sensory-enhancing methods, will be seen next."
No word yet on whether the
state of Florida will appeal the decision.
-- END --
Issue #424
-- 2/24/06
Feature:
The
Olympics
Meets
the
War
on
Drugs
|
Feature:
Maryland
Delegate
Introduces
Bill
to
Ease
State
Aid
for
Students
Affected
by
Federal
Drug
Provision
|
Feature:
From
the
East
Bay,
the
Cannabis
Culture
Speaks
|
Law
Enforcement:
This
Week's
Corrupt
Cops
Stories
|
Ayahuasca:
Supreme
Court
Okays
Use
of
Psychedelic
Tea
in
Church
Rituals
|
Prohibition:
The
Wall
Street
Journal
Wavers
|
Medical
Marijuana:
Illinois
Bill
Moving,
Passes
Senate
Committee
|
Medical
Marijuana:
New
Mexico
Bill
Dies
in
House
as
Time
Runs
Out
|
Southeast
Asia:
Drug
War
Success
Means
Poverty
for
Laotian
Farmers
|
Canada:
British
Columbia's
New
Democrats
Say
Legalize
It
|
Search
and
Seizure:
Florida
Appeals
Court
Restricts
Warrantless
Drug
Dog
Searches
|
Celebrity
Mouth:
Bruce
Willis
Declares
War
on
Cocaine
|
Web
Scan:
Cannabinoids
for
Cancer
Treatment,
Perjury
in
Police
Misconduct
|
Weekly:
This
Week
in
History
|
Job
Opportunity:
Community
Liaison,
PreventionWorks!,
Washington,
DC
|
Weekly:
The
Reformer's
Calendar
|
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This issue -- single-file printer version
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