Know Your Rights: Police Dogs

Drug-sniffing police dogs have their place, the U.S. Supreme Court ruled. And it’s not on a suspect’s front porch.

police_dog1

The court today said officers typically need a warrant before taking an animal to the door of a house in the hope of detecting narcotics. The justices ruled on Feb. 19 that police officers can search someone’s car after a trained dog outside the vehicle alerts them to the presence of drugs.

The Supreme Court handed down its decision in Florida v. Jardines, the other dog sniff case (Florida v. Harris was decided last month).  In an opinion written by Justice Scalia, the Court affirmed the Florida Supreme Court.  The Court held a dog sniff at the front door of a house where the police suspected drugs were being grown constitutes a search for purposes of the Fourth Amendment.  Justice Kagan filed a concurrence joined by Justices Ginsburg and Sotomayor.  Justice Alito filed a dissent joined by the Chief Justice, and Justices Kennedy and Breyer.

police_dog

Justice Scalia’s opinion for the Court resolved the Fourth Amendment question solely on property rights grounds, holding that bringing a dog to conduct a forensic search on someone’s porch constitutes a trespass at common law and, under the reasoning of last term’s GPS case, United States v. Jones, constituted a search subject to the limitations of the Fourth Amendment.  While the general public, including the police, generally have license to approach a house’s front door (for example, to leave a flier or ask the occupant to answer a question), that license does not include an invitation to bring a dog onto the porch to search for drugs.  If a member of the public did that, Justice Scalia observed, it would “inspire most of us to – well, call the police.”  For that reason, the majority decision found it unnecessary to decide whether the dog sniff also violated the suspect’s reasonable expectation of privacy.  When the police trespass onto private property to conduct a search, the Fourth Amendment applies regardless of whether the trespass also invades someone’s reasonable expectation of privacy.

Justice Kagan’s concurrence was devoted to explaining why, in her view, the case was an easy one under either a property- or privacy-based Fourth Amendment test.  No one would think it reasonable for a stranger to come to one’s porch with a pair of high powered binoculars and peer through the windows.  In the concurrence’s view, the dog sniff in this case was no different and no less an invasion of the occupant’s reasonable expectation of privacy.

The four Justice dissent found no support in the common law for the majority’s conclusion that the police conduct here constituted a trespass.  The majority acknowledged that the public, including the police, have license to approach the front door.  Justice Alito found nothing special about the fact that the police brought a drug sniffing dog with them (after all, “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.”).  The dissenters also did not view the dog sniff as invading any reasonable expectation of privacy given that one can expect that odors will waft outside of a house and, possibly, into public areas where there is no question a dog could sniff for evidence of drugs without constituting a search.

We can no longer in good conscience trust the criminals to police themselves. Link to this article from forums and blogs. Mention it with links in your comments on blogs. PROMOTE IT.
PLEASE SHARE- Re-Post to Facebook, Twitter, StumbleUpon, Reddit, Digg, etc.
.
.
Related articles:
Civil Disobedience actions going on now you can join 2014
.
.
Top Ten Reasons Why You Should Not Talk to the Police
.
Stop-and-Frisk Practice Violates Rights
.
How to File a Complaint Against a Police Officer
.
How do I report police misconduct?
.
How to Sue the Police
.
When Can I Sue Police for False Arrest?
.
Right of Defense Against Unlawful Arrest
.
Know Your Rights With Police Officers
.
Border Patrol checkpoints routinely violate the constitutional rights of U.S. citizens
.
5 Ways to Fight Police Brutality
.
About Police Brutality
.
Police brutality and use of excessive force
.
Citizens Rise Against Police Brutality Nationwide
.
Strike Updates: Justice For Kelly Thomas Protests Are Erupting EVERYWHERE
.
Boy, 16, suffers ruptured testicle after rough ‘pat down’ by police -Police BRUTALITY Protest Jan. 23rd
.
Cops Go Undercover at High School to Bust Special-Needs Kid for Pot: Why Are Police So Desperate to Throw Kids in Jail?
.
.
Officer accused of sexual misconduct at juvenile hall makes bail
.
The Crisis of Juvenile Prison Rape: A New Report: “Sexual abuse in juvenile detention is a national crisis”
.
Suit claims abuse, filth at juvenile detention center
.
.
Uncompromising Photos Expose Juvenile Detention in America
.
Pictures of Deplorable conditions in American Juvenile Detention Centers
.
Feds: Mississippi county runs ‘school-to-prison pipeline’
.
Gov. Perry Ignores Massive Abuse In Texas Juvenile Detention System While Taking Money From Worst Offenders
.
Riverside County sheriff’s deputies repeatedly struck and kicked him, killing him
.
Florida family claims cover-up of killing by cop
.
CA police officer Jeff Detwiler arrested for having sex with a minor, possession of a controlled substance and for intimidating a witness
.
L.A. County sheriff’s deputies charged with lying about drug bust
.
.
Riverside police officer convicted of forcing women to perform sex acts on him to avoid being arrested
Cop gets blow job from hooker THEN arrests her
.
Sheriff charged in prostitution sting
.
LA sheriff’s lieutenant arrested in Moreno Valley prostitution sting
.
LAPD officer, arrested for lewd acts on children
.
Police Officer Arrested on Child Rape
.
Officer’s rape conviction upheld
.
Court officer ‘fondles’ woman, has her arrested
.
Police Taser 11-year-old autistic girl
.
Boy, 10, tasered by police
.
LAPD Tased Man’s Genitals Till He Could “Smell His Flesh Burning”
.
Texas Police Tase Overweight Asthmatic to Death in Drug Raid
.
Man dies after he was shocked by police with Taser gun
.
Man dies in police custody after being Tased, pepper sprayed outside Douglas County courthouse
.
“I was waiting to get handcuffed and I got electrocuted instead.”
.
North Carolina: Cops Kill Teen In Elementary School Parking Lot In Marijuana Sting Gone Bad
.
Officers Fired For Breaking Inmate’s Legs 
.
.
David Ranta, convicted more than 20 years ago for a murder he didn’t commit, is a free man after a re-examination of his case
.
Man alleging police torture released from prison
.
25-Year-Old Manuel Angel Diaz EXECUTED By Anaheim Police Officer Ruled Justified By OC D.A.  http://generalstrikeusa.wordpress.com/2013/03/21/25-year-old-manuel-angel-diaz-executed-by-anaheim-police-officer-ruled-justified-by-oc-d-a/
.
No Charges For Cops Who Beat Up a Motorist
.
Police Commandeer 2 Homes by Force Owners Arrested for Obstructing
.
Police chief suspended for Facebook pic
.
Arrest warrants issued for 2 Dallas police officers
.
Craigslist Sting- Officer convicted
.
Prison Terms Cut For `Marquette 10`
.
Harold Rodriguez, Chicago Police Officer, Arrested After Soliciting, Accepting $5,000 Bribe
.
Former Camden officer gets 46 months in corruption probe
.
Texas women sexually assaulted by police over marijuana smell, no marijuana
.
“Looking for drugs” Cops Strip Search Mom, “Forcibly” Pull Tampon Out of Her for Maybe Rolling Through Stop Sign
.
Two woman given Body Cavity Searches on the side of the Highway
.
Woman arrested while seeking medical attention- dies in Police custody
.
UVA student jailed for possession of bottled water, ice cream
.
Strike Updates: Rally against RCMP Police Brutality
.
Copwatch
.
CopWatch activist arrested
.
Corrupt Box Elder County Sheriff’s
.
Corrupt Green Bay P.D. Pt.1
.
Corrupt L.A.P.D. Pt II
.
LAPD Chickens Come Home to Roost
.
Corrupt L.A.P.D. Pt. I
.
Corrupt Texas Police Pt. I
.
Top 1,000 Cases of police brutality in the United States
.
5 Worst NYPD Brutality Cases
.
Top 5 Most Corrupt U.S. Police Officers Of All-Time
.
A Note to the NYPD
.
(Three complaints and you’re out) Should Citizens Have the Right to Fire a Police Officer?
.
Police Officers on Meth
.
Meth lab turns out to be sweet maple syrup operation
.
30,000 California Prisoners Hunger Strike Against Long-Term Solitary Confinement
.
Amnesty International Denounces Torture in California Prisons
.
“A Living Death,” Cruel and unusual Punishment: Life imprisonment without parole for minor drug charges http://generalstrikeusa.wordpress.com/2013/12/03/a-living-death-cruel-and-unusual-punishment-life-imprisonment-without-parole-for-minor-drug-charges/
.
America’s 10 Worst Prisons: Pt. 10 Rikers Island
.
America’s 10 Worst Prisons: Pt. 6 LA County
.
America’s 10 Worst Prisons: Pt. 5 NOLA
.
Know Your Rights: Obama’s War On Weed
.
Cruel and Unusual Punishment
.
Administration of Justice Identification of a Drug User
.
Drug Test 101 Know Your Rights
.
Abolish the DEA
.
.
FBI Successfully Foils Another FBI Plot
.
FBI Agents Dating Drug Dealers, Paying for Sex
.
FBI removes many redactions in Marilyn Monroe file
.
U.S. government & DHS are compiling dossiers on “anti-government activists”
.
F.B.I. Counterterrorism Agents Monitored Occupy Movement, Records Show
.
The F.B.I. and Dr. King
.
FBI Raid News Media Offices
.
FBI agent apologizes to victims- The F.B.I. and MAFIA gangboss James “Whitey” Bulger Pt. 3
.
FBI says the Government Is Spying on Americans with Drones, Too
.
.
Verizon is turning your phone records over to the government
.
Don’t ask your government for your Privacy, take it back:
.
C.I.A.s Real Role in the Afghan Heroin Trade
.
C.I.A & the MAFIA & the Global Drug Trade (Then & Now)
.
Money Laundering: Follow the Hedge Funds
.
Banks Financing Mexican Drug Cartels Admits Wells Fargo
.
HSBC banks actively laundered money for drug lords and terrorist
.
Senate investigation: HSBC Banks criminal account holders

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s