Florida Supreme Court S&S Case

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Jardines v. State, 36 Fla. L. Weekly S147 (Fla. Apr 14 2011): Defense Appeal, Conflict resolved – Law Enforcement approach private residence, based on a “crime-stoppers” tip, with a trained canine and have dog sniff by the front door.  Dog alerts.  Detective at scene writes affidavit and within a few hours has a warrant to search the house.  They find cannabis plants growing inside the house.  Trial court grants motion to suppress, 3d DCA reverses and certifies conflict with State v. Rabb, 920 So.2d 1125 (Fla. 4th DCA 2006).  Florida Supreme Court quashes the 3d DCA decision and approves Rabb.  Police must have “probable cause” of criminal activity to use drug detection dog on private residence.  Excellent case on the subject of dog sniffs and clarification of the Terry v. Ohio, 392 U.S. 1 (1968) “reasonable suspicion” standard.   Very good concurring opinion explores the reliability of drug dogs (an issue that is quite revealing once you view the dogs training records) and one dissent with a second justice concurring .  Excellent case, must read and possibly a future United States Supreme Court case.

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