WASHINGTON, Nov. 10 (UPI) -- The U.S. Supreme Court Wednesday heard an Illinois case about whether police may use drug-sniffing dogs during routine traffic stops.
Illinois contends a "dog sniff" is not a search, and is therefore not subject to review.
Justice David Souter said he was concerned if a dog sniff is not a search, then police are free to use dogs anytime to search municipal parking lots, or even go up to people's homes with the dogs "sniffing something when the doors are open."
Illinois Attorney General Lisa Madigan said since the sniffs are not searches, then police could do just that, though they would be constrained by limited resources.
Justice Antonin Scalia said, "We know that they're used (now) in bus depots ... The republic seems to have survived."
The Bush administration supported Illinois.
The Illinois Supreme Court earlier ruled 4-3 a dog sniff during a routine traffic stop in LaSalle County was unconstitutional, which resulted in suppressed drug evidence.
