Top US court to hear case on drug-sniffing dogs

WASHINGTON: The US Supreme Court agreed Friday to hear a case to determine whether the use of police dogs sniffing for drugs outside homes is a violation of the constitutional rights of the residents.

The case involves a Miami homeowner accused of growing marijuana in his house, who contends the dog's sniffing on his porch was the same as an illegal "search" of his home.

The Fourth Amendment requires police to present evidence to a judge that a crime has occurred, then obtain a warrant before they can search a home.

Miami-Dade police had no search warrant before Franky the dog signaled to his handler that he detected marijuana at the home of Joelis Jardines in December 2006.

Instead, they used Franky's signal of sitting down as the primary evidence to obtain a warrant.

A subsequent police search found 179 marijuana plants in a hydroponic lab in the house. Jardines was arrested as he tried to flee out the back door.

The trial judge dismissed the evidence against Jardines, saying it was obtained through illegal search and seizure. A state appeals court reversed the ruling and reinstated marijuana charges against Jardines.

The Florida Supreme Court threw out the case again last April, saying lax restrictions on use of police dogs could lead to widespread abuse of homeowners' privacy.