SUPREME COURT: COPS CAN’T BRING POT SNIFFING DOG ON YOUR FRONT PORCH

In what should have been a no-brainer, the Supreme Court ruled 5-4 that cops can’t bring a drug sniffing dog on your front porch to sniff for pot. The majority opinion, written by Justice Scalia, relied on the common law doctrine of “curtilage” – the area immediately surrounding a home is treated as the same as the home itself for 4th Amendment purposes.

For Scalia, “when it comes to the Fourth Amendment, the home is first among equals. At the Amendment’s “very core” stands “the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” While the result would seem obvious, 4 justices, including the usually reliable Justice Breyer, dissented.



Categories: Drug Dogs, Marijuana Laws, Search & Seizure

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