While perusing recent legal headlines, my colleague and I came across a headline discussing a case before the United States Supreme Court involving a canine police officer named Franky. Franky, an adorable chocolate Labrador, has helped Miami Police seize in excess of 2.5 tons of marijuana, 80 pounds of cocaine and $4.9 million in drug contaminated money over his seven year career.
While the United States Supreme Court previously OK’d the drug dog sniffs in other major cases, the cases dealt with dogs that detected drugs during routine traffic stops, airport luggage and a package in transit. The main difference in this case is that it involved a private residence.
On December 5, 2006, Miami Police detectives and their counterparts at the U.S. Drug Enforcement Administration set up surveillance outside a house south of Miami, after getting an anonymous tip that it might contain a marijuana grow operation. When Franky arrived on the scene with his handler, the pair walked up to the base of the front door and Franky sat down, meaning he detected drugs. The sniff was used to get a search warrant from a judge to search the house. The house was searched and Police found more than $700,000.00 worth of marijuana. The occupant of the house was arrested and charged with drug trafficking.
The Court has not yet decided this case, but yesterday, the Court published its unanimous opinion in United States v. Jones, wherein it ruled that placing a GPS device on a car without a warrant violates the 4th Amendment. While the facts of each case play an important role in determining the outcome of a search and seizure case, the Court seems to believe firmly in a citizen’s right to privacy.
If you feel like your right to privacy has been violated and you are charged with a crime, contact the Floyd Law Firm PC in Surfside Beach, SC.
Written by: Collin R. Jewell and Brittney J. Farish
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