New Jersey take note: Supreme Court sees dog-sniffing case
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ByBrickfield & Donahue
For many New Jersey residents, dogs are pets, however, for man police officers,
dogs are often regarded as employees of the department. An issue has made
its way all the way to our nation’s top court as it sparks much deliberation
among state supreme courts and constitutionality: dogs sniffing out for
drugs around and up close to our homes.
This issue may seem trivial to some, but there have been cases reported
and tried for constitutionality when a dog scopes out a home without a
warrant. Now, the Supreme Court is seeing this matter and has begun to
ask questions about how to decide. There are those who argue that a police
officer is able communicate with a resident through their door in an effort
to determine if there is evidence of unlawful activity and procure a warrant,
so the dogs going up to doors and marking them ought to be the same.
One of the Supreme Court justices poses a different question: if these
drug-sniffing dogs are allowed to go around houses and mark them for illegal
substances in order to get a warrant, then how far will it go? Will they
be taken to notorious areas so that officers can search any house they
suspect with these dogs and then be able to get a warrant? The Supreme
Court is also focusing on the different factors, such as the kind of training
these animals receive and how that may influence the constitutionality.
Another state’s supreme court decided that the use of police dog’s
sniffing around a home was an “‘unreasonable government intrusion
into the sanctity of the home,'” in reference to the Fourth Amendment
to the U.S. Constitution. However the court decides, New Jersey residents
may want to pay attention to how this case is decided. For those of you
who have been charged with drug crimes, ensuring your rights have been
preserved with the help of legal counsel could be beneficial to your case.
Knowing and understanding your options in the state and country can help
you to move forward from such charges.
Source: The Huffington Post, “Sniffing out justice – but is it legal?,” Diane Dimond, Nov. 15, 2012
- Drug Charges
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