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TALLAHASSEE, Fla., Nov. 22 (UPI) -- Florida has petitioned the U.S. Supreme Court to decide whether a sniff by a trained narcotics detection dog is itself a search that requires probable cause.
The request by Florida Attorney General Pam Bondi stems from a decision by the Florida Supreme Court that the use of a drug-sniffing dog violated the Fourth Amendment rights of Miami resident Joelis Jardines, the News Service of Florida reported.
The case began with the surveillance of Jardines' home after police received a tip that someone was growing marijuana.
When nothing was turned up, a detective went to the front porch with a drug-sniffing dog named Franky. Franky gave an alert signal and detectives used it to get a search warrant.
They found marijuana in the home and arrested Jardines as he tried to flee.
A trial court threw out evidence obtained at the house but the 3rd District Court of Appeal in Miami disagreed relying on a 2005 U.S. Supreme Court ruling that a dog sniff is not a search.
The decision was reversed by the Florida Supreme Court with two justices dissenting.
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