U.S. Supreme Court,
Criminal,
Constitutional Law
Feb. 22, 2013
Dog sniff ruling doesn't smell so bad after all
What may at first glance seem like a stake in the heart to the defense bar ultimately may provide us ideas for really challenging dog searches, and in reality changes nothing in California law.
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 handed down a controversial decision in the much-anticipated dog-sniffing case, Florida v. Harris, 2013 DJDAR 2229 (2013). Associate Justice Elena Kagan, authoring a unanimous opinion, summed up the holding with a quote that will be cited for years to come: "The question - similar to every inquiry into probable cause - is whether all the facts surrounding a dog's alert, viewed through the lens of common sense, would make a reasonably prudent person...
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