A search without any probable cause by evidence that is turned up by a police dog creates probable cause, ergo justifying the search, the Supreme Court decided Tuesday. USA Today (aSupreme Court rules in favor of drug-sniffing doga ): The high court decided unanimously a Florida police officeras use of a drug-sniffing dog to search a truck throughout a routine traffic stop was correct, although the drugs found weren't what the dog was qualified to detect. Justice Elena Kagan wrote the unanimous opinion for the court a and for Aldo, a retired drug-detection dog. aThe record in this instance amply supported the test courtas determination that Aldoas alert offered (Canine Officer William) Wheetley probable cause to search the truck,a she said. The situation was one of two involving drug-sniffing dogs heard on Halloween. In one other case, a was used to sniff for drugs on the home of a private home. Justices were much more skeptical of the legitimacy of that research during oral arguments, while the judge did not decide that case Tuesday. [...] On the other hand, Scalia and Justice Anthony Kennedy seemed to align with the courtas four liberals against Franky, who discovered pot in a Miami expand home only after spending several minutes sniffing round the door. Kagan named that aa extended and obtrusive process.a Justice Ruth Bader Ginsburg said it may cause random searches of aany home, anywhere.a Both scenarios hinge on the Fourth Amendmentas protection against unreasonable searches a a the high court held in high esteem during its last term, when it ruled unanimously that police should have received a warrant before putting a GPS system on a drug suspectas car. That individuals have a expectation of privacy within their vehicles than their homes is just a long-established principle. However, the notion that police have the right to search a vehicle for drugsa'and make no mistake, thatas what taking your dog trained to sniff out drugs is: a searcha'without probable cause is excessive. Iave got number sympathy for folks who endanger the public safety driving stoneda'much less those who do it in inherently dangerousAcommercialAtrucks. But, shortage inconsistent driving and other indications that the operator was reduced, a search warrant is rather clearly required by the Constitution issued by a magistrate. The Supreme Court has over the years carved out enough conditions to the Fourth Amendment to render it a dead letter. Vehicular searches have been one of them, on the causes that the expectation of privacy is minimal and that the mobility of the vehicle creates a significant danger of the data before a warrant can be released being moved and destroyed. More, the little limits of the inner allow it to be simple for an officer to spot contrabanda'creating possible causea'in a way thatas extremely hard in a residence. But about what grounds do police have a right to introduce dogs to locate that which is not in plain sight, particularly without some indication that drugs are present? It removes the entire basis of the Fourth Amendment. And, yet, none of the Justices seem hurt by that fact.
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