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FL3 rejects FL4's Rabb and holds dog sniff at front door is lawful

By John Wesley Hall, Jr.

FL3 rejects FL4's Rabb and holds dog sniff at front door is lawful because a law enforcement officer has the authority to approach the front door, and a dog sniff is not a search, so the two together are not unconstitutional. If the officer smelled marijuana at the door, that already has been held constitutional. State v. Jardines, 2008 Fla. App. LEXIS 16305 (Fla. App. 3d Dist. October 22, 2008): Also supporting our conclusion is State v. Pereira, 967 So. 2d 312, 313 (Fla. 3d DCA 2007). In Pereira, officers went to the defendant's home based on an anonymous tip that the defendant was growing marijuana. A detective walked toward the premises and, while standing in front of the premises, smelled marijuana. Officers returned the next day with a narcotics-search dog...continue to full post

Full post as published by Fourth Amendment on October 26, 2008 (boomark / email).