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Tag Archives: K9 Narcotics Dog
The Future of Police Narcotics Dogs and Marijuana
Supporters of legalized medical marijuana will have their opportunity in November to let the voters decide on whether medical marijuana will be available to patients. The controversial ballot initiative was approved by the Florida Supreme Court. Four legislative bills have been introduced which deal with defining, authorizing, and regulating medicinal cannabis and its infrastructure. How will all of this affect law enforcement? Not much…for now. Most recently, though, in Colorado and Washington State, decriminalization of recreational marijuana has changed the way police narcotics detector dogs go about their business. The obvious issue is whether a narcotics dog’s alert still constitutes probable cause to perform a warrantless search of a vehicle … Continue reading
SCOTUS Rules K9 Sniff of Home is an Illegal Search
In a move I think we all saw coming, the Supreme Court of the United States held that a K9 sniff to the exterior of a house constitutes a warrantless search and as such is a violation of the Fourth Amendment in Joelis Jardines v. State of Florida (SC08-2101). As I had written in my earlier article, the interesting argument posed by the State of Florida in this case was that the sniff of the K9 dog detects only illegal substances, not the legal activities of an ordinary citizen. It also does not “illuminate” the residence to public examination, as would a search of the residence. SCOTUS addressed the State’s … Continue reading
Posted in K9, Legal
Tagged Jardines v. State of Florida, K9 Detector Dog, K9 Drug Sniff, K9 Franky, K9 Narcotics Dog, SCOTUS Ruling
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U.S. Supreme Court Overturns Florida in K9 Records Case
Yesterday, the U.S. Supreme Court overturned the Florida Supreme Court in the 2006 K9 narcotics detector case of Florida vs. Harris. Siding with the trial court, the Supreme Court ruled that K9 training and testing documentation are sufficient trial evidence to support the probable cause of a drug dog’s alert. The Florida High Court had ruled that the State must provide “an exhaustive set of records, including a log of the dog’s field performance, to establish the dog’s reliability.” The Supremes disagreed and cited Illinois vs Gates 642 U.S. 213-239 (1983): “Finely tuned standards such as proof beyond a reasonable doubt or by a preponderance of the evidence have no … Continue reading