Supreme Court to decide if use of drug-sniffing dogs is unconstitutional

This is Franky, the drug-sniffing dog at the heart of a case to be decided by the U.S. Supreme Court. (AP Photo/Alan Diaz)

ABC National reports:

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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