Supreme Court Justices wary of use of drug-sniffing dogs outside homes
Supreme Court skeptical of police drug dogs on porches - latimes.com
It is "not implied consent for the policeman to come up with the dog," said Justice Ruth Bader Ginsburg.Scalia agreed. "When the officer's going there to conduct a search, it's not permitted," he said.Garre was defending a Miami police officer who took his drug dog, Franky, to the front of a house searching for evidence of marijuana. When Franky gave his signal near the front door, the officer obtained a search warrant and found marijuana growing inside.The Supreme Court took up the case to decide whether such an action violates the 4th Amendment's ban on unreasonable searches."In my neighborhood, neighbors can bring their dog up on the leash when they knock on your front door, and I think that's true in most neighborhoods in America," Garre said. "Homeowners that don't like dogs and want them off their property [can] put a fence around it to say, 'No dogs allowed.'"
"So now we tell all the drug dealers: Put up a sign that says 'No dogs'?" asked Justice Sonia Sotomayor.Justice Stephen G. Breyer said a homeowner "would resent someone coming up with a large animal sitting on a front step … and sniffing for five to 15 minutes."
Ginsburg said that if the court were to approve this law enforcement tactic, police could "just go down the street, have the dog sniff in front of every door, or go into an apartment building."