U.S. Supreme Court,
Criminal,
Constitutional Law
Mar. 29, 2013
Justices deal blow to warrantless dog sniffs
The U.S. Supreme Court dealt a firm blow to the admissibility of warrantless dog sniffs that take place in the area immediately surrounding a person's home.
Allison B. Margolin
Allison B. Margolin PLCEmail: allison@allisonmargolin.com
Allison is a founding partner of Allison B. Margolin PLC. The firm represents and advises cannabis businesses and individuals on compliance, licensing, zoning, criminal defense, and other matters at the local, state, and federal levels.
This week, the U.S. Supreme Court dealt a firm blow to the admissibility of warrantless dog sniffs that take place in the area immediately surrounding a person's home. Before the ruling, under California law (which, for Fourth Amendment purposes, follows federal law) the use of a drug dog to detect the presence of odors of contraband was considered not to be a "search" that would implicate legal requirements such as warrants or exigent circumstances to pass muster.
In a 5-4 dec...
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