Drug Dog Case Rejected by Supreme Court November 30, 2006
News Summary
The U.S. Supreme Court did not bite on a second chance to review a Florida case in which evidence in a drug case was tossed because a home search was based only on a drug dog's sniff outside the suspect's residence.
The South Florida Sun-Sentinel reported Nov. 28 that the high court refused to review a lower-court decision in the case, where a Hollywood, Fla., man was charged after a drug dog detected marijuana by sniffing his front door; a search of the property turned up 84 marijuana plants. A Broward County judge ruled that the search violated the suspect's Fourth Amendment rights against unreasonable search and seizure.
The case had previously been brought to the high court in 2005, when the justices directed a Florida appeals court to consider a recent Supreme Court ruling holding that a drug-dog search of a car during a traffic stop was not a violation of the Fourth Amendment. However, the appeals court subsequently affirmed its decision to suppress the evidence in the home-search case.
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