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Supreme Court: Drug dog sniff is unconstitutional search

WASHINGTON (AP) — The Supreme Court ruled Tuesday that police cannot bring drug-sniffing police dogs onto a suspect's property to look for evidence without first getting a warrant for a search, a decision which may limit how investigators use dogs' sensitive noses to search out drugs, explosives and other items hidden from human sight, sound and smell.

The high court split 5-4 on the decision to uphold the Florida Supreme Court's ruling throwing out evidence seized in the search of Joelis Jardines' Miami-area house. That search was based on an alert by Franky the drug dog from outside the closed front door.

Justice Antonin Scalia said a person has the Fourth Amendment right to be free from the government's gaze inside their home and in the area surrounding it, which is called the curtilage.

More: http://bigstory.ap.org/article/court-drug-dog-sniff-unconsti...



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