The Supreme Court is taking up a case regarding Franky the drug-sniffing police dog and whether a dog sniff at the doorstep of a private home is a search under the Fourth Amendment, which requires a warrant.
In 2006, the Miami Dade Police Department received a Crime Stoppers tip that a man was growing marijuana in his house. A month later, a drug task force came to the house with its narcotics dog Franky.
Franky alerted for drugs and the officer left to obtain a warrant. After the warrant was obtained, officers returned and arrested Joelis Jardines. Jardines later sued calling the warrantless dog sniff unconstitutional.
The Florida Supreme Court ruled the sniff without a warrant constituted an unreasonable search.
However, Florida Attorney General Pamela Jo Bondi said that the Florida Supreme Court had improperly relied on a prior Supreme Court case.
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