The U.S. Supreme Court has agreed to decide whether a police dog’s sniff outside the front door of a house being used to grow marijuana violates a suspect’s Constitutional rights.
Police used the reaction of Franky, a Labrador, outside Joelis Jardines’ Miami, Fla., house to get a search warrant that led to the discovery of 179 cannabis plants being cultivated inside, reports the Associated Press
The justices said on Friday that they’ll review a Florida Supreme Court decision that thew out evidence seized in the search of the house. The Florida court said that Franky the drug dog’s work at the front door was itself an unconstitutional search.
The Supreme Court has allowed drug-detecting dogs’ reactions in other cases involving luggage in airports, and also in routine traffic stops. But this case involves a home—which the court has repeatedly said is entitled to more protection.