The use and abuse of illegal drugs, narcotics and prescription pain medication have plagued America from Sarasota, Florida, to New York City and far beyond.
A very interesting Fourth Amendment decision by the Florida Supreme Court in Jardines v. State and the U.S. Supreme Court in Florida v. Jardines, agreed that when the police bring a trained drug dog to sniff around a citizen’s home (in this case his front porch), that act constitutes a search. If the search was performed without a search warrant, then all evidence obtained thereafter was subject to suppression and exclusion.
The U.S. Supreme Court found that bringing a drug dog onto defendant’s property and having the dog sniff at the front door of Jardines’ home in hopes of discovering incriminating evidence was a violation of defendant’s Fourth Amendment rights against unreasonable searches and seizures. The court found that while an officer not possessing a warrant could approach a home and knock on the door, utilizing a police trained drug-sniffing dog crossed the line and was unconstitutional. The court reasoned that the officers learned what they learned only by physically intruding on the defendant’s property to gather evidence and that this action ran afoul of the Fourth Amendment’s prohibition against unreasonable searches and seizures.
If you or a loved one is in need of a Florida Bar Board Certified Criminal Trial Lawyer in Sarasota, Florida, with experience defending drug cases and Fourth Amendment search and seizure law, please feel free to contact me at my office at (941) 366-7997 today for a free consultation.