Officer Chompy's Nose is News: FLA v. Jardines

[Kirk Freeman]

United States Supreme Court holds that a dog sniff on your porch is a search pursuant to the Fourth Amendment.

Opinion issued in Florida v. Jardines (Updated) : SCOTUSblog

 

[Bunnykid68]

Cannot believe the split on the justices.

 

[jedi]

So this is a win for liberty correct?
The short summary is police can't bring a dog to your front door step to sniff inside without a warrant. If I'm reading this correctly.

Also these judges did not agree with that right?
Justice Alito filed a dissent joined by the Chief Justice, and Justices Kennedy and Breyer

 

[KLB]

So this is a win for liberty correct?
The short summary is police can't bring a dog to your front door step to sniff inside without a warrant. If I'm reading this correctly.

Also these judges did not agree with that right?
Justice Alito filed a dissent joined by the Chief Justice, and Justices Kennedy and Breyer

Yes

Yes

a 5-4 margin. Sad

 

[Bunnykid68]

Yes

Yes

a 5-4 margin. Sad

I was shocked that Kagan and Sotowhatever agreed it was a violation of the 4th

 

[yotewacker]

It's legal to search on your front porch.

 

[jedi]

I was shocked that Kagan and Sotowhatever agreed it was a violation of the 4th

^This but on soto....

I'm begining to see that the chief is not a 'liberty man' but a g-man.

 

[Bunnykid68]

It's legal to search on your front porch.

Not with a drug sniffing dog for what may be in your home though.

 

[IndyDave1776]

I was shocked that Kagan and Sotowhatever agreed it was a violation of the 4th

I think this stands in evidence of the apparent fact that partisan politics is nothing but bad theater and the teleprompter generally says the same thing no matter who is reading it.

That said, I am happy to see a setback to the writ of assistance on a leash.

 

[Kirk Freeman]

It's legal to search on your front porch.

Where's your warrant, flatfoot?*


*From Make Mine Freedom (1948)

 

[cobber]

Where's your warrant, flatfoot?*


*From Make Mine Freedom (1948)

Do you really think police have flat feet these days? That implies walking a beat...

 

[level.eleven]

Justice Alito found nothing special about the fact that the police brought a drug sniffing dog with them (after all, “Dogs have been domesticated for about 12,000 years; they were ubiquitous in both this country and Britain at the time of the adoption of the Fourth Amendment.”).

Really? I am not a legal scholar, but this seems odd.

 

[Hookeye]

And some people eat dog...........so if part of some heritage can I just blast the police delivered main course and fire up the grill?

 

[rambone]

In cases like these I like to check who favors police state tactics and who didn't.

So which party do I need to vote for to make sure the constitution is defended on the SCOTUS?


NO to warrantless dog searches of private property
Antonin Scalia (R, Reagan)
Elena Kagan (D, Obama)
Sonya Sotomayor (D, Obama)
Ruth Bader Ginsburg (D, Clinton)
Clarence Thomas (R, Bush I)

YES to warrantless dog searches of private property
Samuel Alito (R, Bush II)
John Roberts (R, Bush II)
Anthony Kennedy (R, Reagan)
Stephen Breyer (D, Clinton)


Court opinion: http://www.supremecourt.gov/opinions/12pdf/11-564_jifl.pdf

 

[IndyDave1776]

In cases like these I like to check who favors police state tactics and who didn't.

So which party do I need to vote for to make sure the constitution is defended on the SCOTUS?


NO to warrantless dog searches of private property
Antonin Scalia (R, Reagan)
Elena Kagan (D, Obama)
Sonya Sotomayor (D, Obama)
Ruth Bader Ginsburg (D, Clinton)
Clarence Thomas (R, Bush I)

YES to warrantless dog searches of private property
Samuel Alito (R, Bush II)
John Roberts (R, Bush II)
Anthony Kennedy (R, Reagan)
Stephen Breyer (D, Clinton)


Court opinion: http://www.supremecourt.gov/opinions/12pdf/11-564_jifl.pdf

It almost makes you wonder if they start with the decision and then decide how they are going to divide up the votes to mess with our minds.

 

[jedi]

It almost makes you wonder if they start with the decision and then decide how they are going to divide up the votes to mess with our minds.

agree makes no sence...

 

[KLB]

^This but on soto....

I'm begining to see that the chief is not a 'liberty man' but a g-man.

He is, in the words of a former member, a "STATIST PIG"

 

[Denny347]

It almost makes you wonder if they start with the decision and then decide how they are going to divide up the votes to mess with our minds.

I have ALWAYS said that we argue that Obama will put in liberal Justices or that Bush put in conservative and that is how the Court will lean but that is false logic. While there might be a few that are clearly one side or the other, most vote outside of the political leanings of the party that placed them there. This is a good thing. What I DO see from time to time is people complaining about decisions from the USSC that they do not agree with and condemning the entire system then later on a decision that they DO agree with now voice support to the same system that they earlier hated. As an LEO, I take interest in these types of decisions and as a fellow citizen take interest in all the rest. I have no issue with this decision and their logic behind the decision makes sense to me. However, there have been decisions that the USSC has made that I do not agree with but I still fully support the system that produces these decisions. Quite frankly, I wished that MORE laws/procedures were challenged as there is too many poorly worded poorly implemented laws/procedures and clarification is always welcome. FTR I have never handled a run where I bought a K9 onto a porch to sniff for drugs. If I could smell it and I was there legally...PC...no need for a K9. If I was there and could not smell drugs, then why do I think there were drugs inside? If I had other information then MAYBE I will have enough PC for a warrant, if not, time to leave. If I asked a K9 to do the same I swear they would think I was crazy...most don't like sniffing for drugs anyway.

 

[jedi]

He is, in the words of a former member, a "STATIST PIG"

what does that really mean?

 

[Trigger Time]

I like this decision. Although I'm now convinced John Roberts is no fan of liberty.
Maybe one day we can get the patriot act reversed.