Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court Says It's Illegal For A Police Drug Dog To Sniff Your Porch
Business Insider ^ | Mar. 26, 2013 | Michael Kelley

Posted on 03/26/2013 9:39:18 AM PDT by JustSayNoToNannies

The Supreme Court has ruled that police use of a drug-sniffing dog on a homeowner's porch is a violation of the Fourth Amendment's protection against unreasonable searches and seizures. [...]

(Excerpt) Read more at businessinsider.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 4thamendment; badcopnodonut; donttreadonme; donutwatch; drugs; drugwar; govtabuse; lawsuit; ruling; scouts; supremecourt; ussc; warondrugs; waronliberty; wod; wodlist; wosd
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 121-130 next last

1 posted on 03/26/2013 9:39:18 AM PDT by JustSayNoToNannies
[ Post Reply | Private Reply | View Replies]

To: JustSayNoToNannies

Because a cop can, intentionally or unintentionally, cause a dog to give a false positive, the use of a dog should not be sufficient evidenct to enter without a warrant. The court did well here.


2 posted on 03/26/2013 9:40:51 AM PDT by cuban leaf (Were doomed! Details at eleven.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JustSayNoToNannies

Score one for the Constitution.


3 posted on 03/26/2013 9:41:10 AM PDT by txnativegop (Fed up with zealots)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JustSayNoToNannies

What about the F’ing police dogs with wings in the skies?


4 posted on 03/26/2013 9:42:06 AM PDT by Obama_Is_Sabotaging_America (PRISON AT BENGHAZI?????)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JustSayNoToNannies

So when will they rule that cops have no right to chase people into their homes for the act of photographing them in public?


5 posted on 03/26/2013 9:42:31 AM PDT by MeganC (The left have so twisted public perceptions that the truth now appears pornographic.- SpaceBar)
[ Post Reply | Private Reply | To 1 | View Replies]

To: txnativegop

Scalia wrote the per curiam opinion.

Scalia, Thomas, Ginsburg, Kagan, and Sotomayor for; Alito, Roberts, Kennedy, and Breyer against.


6 posted on 03/26/2013 9:45:29 AM PDT by Perdogg (Sen Ted Cruz, Sen Mike Lee, and Sen Rand Paul are my adoptive Senators)
[ Post Reply | Private Reply | To 3 | View Replies]

To: txnativegop
Score one for the Constitution.

Yep, but we've a long way to go.

7 posted on 03/26/2013 9:45:53 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: JustSayNoToNannies

Porch is curtilage.

Shouldn’t have even been a question about the warrant requirement.

Bringing the dog onto the property is a search.

OTOH, there were some grow operations that I could smell from three doors down. Didn’t need a dog, but I still went and got a warrant.


8 posted on 03/26/2013 9:45:55 AM PDT by SargeK
[ Post Reply | Private Reply | To 1 | View Replies]

To: cuban leaf

http://www.supremecourt.gov/opinions/12pdf/11-564_jifl.pdf


9 posted on 03/26/2013 9:46:56 AM PDT by Perdogg (Sen Ted Cruz, Sen Mike Lee, and Sen Rand Paul are my adoptive Senators)
[ Post Reply | Private Reply | To 2 | View Replies]

To: JustSayNoToNannies

How ‘bout the dogs at the border. When they hit on a vehicle the feds often literally dismantle the thing into a pile of scrap. I wonder what the ‘false positive’ rate is there. The dogs are very very good at their job, much better than Napolitano for sure.


10 posted on 03/26/2013 9:49:21 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Navy Patriot

Don’t I know it! Have a good day!


11 posted on 03/26/2013 9:49:54 AM PDT by txnativegop (Fed up with zealots)
[ Post Reply | Private Reply | To 7 | View Replies]

To: JustSayNoToNannies

Cops routinely misuse police dogs in all sorts of situations as a pretext for further intrusions. I don’t buy the Dr. Dolittle routine.
Good decision, especially now that the police state is booming.


12 posted on 03/26/2013 9:49:58 AM PDT by grumpygresh (Democrats delenda est.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perdogg
Shaky logic in Alito's dissent:

"According to the Court, ho wever, the police officer in this case, Detective Bartelt, committed a trespass because he was accompanied during his otherwise lawful visit to the front door of respondent’s house by his dog, Franky. Where is the authority evidencing such a rule? Dogs have been domesticated for about 12,000 years; they were ubiquitous in both this country and Britain at the time of the adoption of the Fourth Amendment; and their acute sense of smell has been used in law enforcement for centuries. Yet the Court has been unable to find a single case—from the United States or any other common-law nation—that supports the rule on which its decision is based. Thus, trespass law provides no support for the Court’s holding today."

13 posted on 03/26/2013 9:50:07 AM PDT by JustSayNoToNannies ("The Lord has removed His judgments against you" - Zep. 3:15)
[ Post Reply | Private Reply | To 9 | View Replies]

To: MeganC
I saw that Nebraska video WOW
14 posted on 03/26/2013 9:50:20 AM PDT by CGASMIA68
[ Post Reply | Private Reply | To 5 | View Replies]

To: Perdogg

WTF?


15 posted on 03/26/2013 9:50:34 AM PDT by EEGator
[ Post Reply | Private Reply | To 6 | View Replies]

To: Perdogg

Not surprised that Roberts would support such action, but Alito? That caught me offguard.


16 posted on 03/26/2013 9:50:42 AM PDT by txnativegop (Fed up with zealots)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Perdogg

IOW, using the dogs to sniff was the equivalent of a cop walking up to the window and doing the “peeping tom” thing.


17 posted on 03/26/2013 9:53:06 AM PDT by cuban leaf (Were doomed! Details at eleven.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: txnativegop

Scalia and Thomas respect the Constitution. I’m never sure about any of the others. Sometimes it works out OK.


18 posted on 03/26/2013 9:53:46 AM PDT by ClearCase_guy (The ballot box is a sham. Nothing will change until after the war.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: JustSayNoToNannies

Interesting breakdown of the votes:

Majority (Supporters of 4th Amendment)- Scalia, Thomas, Sotomayor, Ginsberg, Kagan

Dissent - Alito, Kennedy, Breyer, Benedict Roberts.

With this vote, after his Obamacare vote, Roberts is turning out to be a total disaster.


19 posted on 03/26/2013 9:54:13 AM PDT by Above My Pay Grade (The people have the right to tell government what guns it may possess, not the other way around.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MeganC
So when will they rule that cops have no right to chase people into their homes for the act of photographing them in public?

They won't because the city is going to write a big check before the case goes to trial.

20 posted on 03/26/2013 9:54:35 AM PDT by SeaHawkFan
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 121-130 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson