The Champion

April 2013 , Page 15 

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NACDL News: Supreme Court Rules Dog Sniffs At Homes Are Searches

By Ivan J. Dominguez and Isaac Kramer

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Law enforcement’s use of a narcotics detection dog at the front door of Joelis Jardines was a Fourth Amendment search that required probable cause, the U.S. Supreme Court held March 26 in Florida v. Jardines (No. 11-564). This was the second dog sniff opinion of the term. In Jardines, however, the Court sided with personal rights over law enforcement’s use of enhanced searching technologies. NACDL argued in its joint amicus brief that the use of a trained police narcotics dog is a search and is not materially different from the use of GPS or thermal heat imaging technology. Law enforcement may not use these enhanced search technologies to intrude upon private spaces without a warrant.

Links to the decision and to NACDL’s joint amicus curiae brief are available in the March 26, 2013, news release available at http://www.nacdl.org/News.aspx?id=20507.

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