Those facing drug charges in Atlanta and throughout Georgia could find themselves concerned with the legalities of the search and seizure process to which they may have been subjected. The U.S. Supreme Court may evaluate a recent ruling of Florida’s highest court regarding search and seizure warrant practices, which could draw a new line between legal and illegal searches.
The case in question relates to one retired drug sniffing dog named Franky and whether his detection of marijuana made by sniffing outside someone’s closed door in Florida resulted in an unconstitutionally obtained warrant — or if his super-sensitive nose alone was just grounds for a search and seizure warrant to be obtained.
Court watchers and law enforcement agencies across the nation are watching this case closely with the expectation that the Florida Supreme Court’s broad reading of the Fourth Amendment will be questioned by the U.S. government’s high court. The Florida Supreme Court has said the search was unconstitutional.
The case may be of great interest to law enforcement officials who enlist dogs in making arrests for drug crimes. The U.S. Supreme Court will examine the question of whether or not these dogs are violating Fourth Amendment rights which protect citizens from illegal search and seizure practices. A possible outcome is the overruling of Florida’s high court decision that Franky’s detection of marijuana through closed doors led to the unconstitutional obtainment of a search warrant.
The justices may decide later this month whether to take the case. For the time being, the criminal case against a man who was arrested after Franky’s sniffing gave way to a warrant is on hold.
Those who have been charged for drug crimes in and around Atlanta, Georgia, should consider contacting attorney who can evaluate if a search was legal and conducted in a constitutional manner, bringing any evidentiary issues of concern to the table.
Source: Associated Press, “US Supreme Court asked to ponder drug dog’s sniff,” Curt Anderson, Jan. 3, 2011
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