PRESS-NEWS.org - Press Release Distribution
PRESS RELEASES DISTRIBUTION

Future of Drug Detection Dogs is Questionable

Is an "alert" from a drug sniffing dog enough to justify a search of a home or car? That question is under review by the U.S. Supreme Court.

2012-12-19
December 19, 2012 (Press-News.org) Is an "alert" from a drug sniffing dog enough to justify a search of a home or car? That question is under review by the U.S. Supreme Court. The court has long held that the sniff of a drug detection canine is not a search under the Fourth Amendment, which protects against "unreasonable searches and seizures." However, two Florida cases before the nation's High Court could change the parameters of the law and either limit or expand the privacy rights of everyone in the United States.

Florida v. Harris

The first case, Florida v. Harris, goes directly for the jugular of drug detection dogs by challenging their reliability in sniffing out drugs. In that case, the defendant Clayton Harris, was stopped by a Liberty County Sheriff's deputy canine officer for driving on a suspended license. The deputy ran the dog around Harris' car and it alerted on the driver's door.

With probable cause accompanied by the automobile exception to the warrant requirement, the deputy searched the interior of Harris' vehicle. The deputy claims he found supplies for manufacturing methamphetamine and said Harris admitted to using them for such. Harris pleaded "no contest" and was convicted of possession of pseudoephedrine with the intent to manufacture methamphetamine.

Harris appealed and the Florida Supreme Court held that a dog's training and certification to detect drugs is not enough, by itself, to establish the dog's reliability in detecting drugs to establish probable cause. Officials for the State of Florida argued that the Florida Supreme Court misinterpreted the U.S. Supreme Court's rulings that a dog sniff is not a search under the Fourth Amendment. State officials complained that the Florida Supreme Court's ruling eliminated "the narcotics detection dog as an important crime fighting tool for law enforcement and society."

Florida v. Jardines

In a companion case, also from Florida, the U.S. Supreme Court will decide whether the Florida Supreme Court correctly ruled that a dog sniff conducted at the front door of a suspect's "grow house" constitutes a search for Fourth Amendment purposes and violates its protections.

In Florida v. Jardines, the Miami-Dade Police Department got a tip that the defendant, Joelis Jardines, was growing marijuana inside his home. A task force of officers, including agents from the federal Drug Enforcement Agency, surveyed the home one month later. A drug detection canine sniffed the defendant's front door and after sniffing, alerted to the presence of drugs. An officer knocked on the door trying to get consent to search the home, but he received no answer. However, he did smell marijuana and heard the sound of a constantly running air conditioner.

Armed with this information, officers obtained a search warrant and seized several live marijuana plants, as well as the defendant who ran out the back door. Jardines was charged with trafficking more than 25 pounds of cannabis, a first-degree felony, and grand theft for stealing over $5,000 in electricity for the lights used to grow the marijuana.

The Florida Supreme Court said the dog sniff in this case "was an intrusive procedure," reasoning that "f government agents can conduct a dog 'sniff test' at a private residence without any prior evidentiary showing of wrongdoing, there is nothing to prevent the agents from applying the procedure in an arbitrary or discriminatory manner, or based on whim and fancy, at the home of any citizen."

The court held that a 'sniff test,' like the one in the Jardines case, is "a substantial government intrusion into the sanctity of the home and constitutes a 'search' within the meaning of the Fourth Amendment. As such, it must be preceded by an evidentiary showing of wrongdoing."

The United States Supreme Court granted review in both cases and recently heard oral arguments. The cases also generated lots of briefs from non-parties taking positions for or against the use of drug dogs. A group of law professors argue that "alerts" by dogs aren't reliably accurate because it is not the drugs themselves, but certain molecules they are detecting -- and those molecules are shared by many innocent substances.

Cocaine, for instance, shares components of snapdragons and petunias, and heroin has components of vinegar and aspirin. This may account for some studies that show a drug dog's so-called "alert" results in no drugs being found more than 50 percent of the time in traffic stops. One study even put the accuracy of drug sniffing dogs to only 12 percent, and that's hardly enough to conclude that drugs are "probably" contained in a particular house or car.

It is unclear which direction the U.S. Supreme Court will go in its decision on dog sniffs based on these two cases. It is likely that government will have a harder time convincing the Court to allow drug dog sniffs of people's front door. A person's home has always been given greater protection under the Fourth Amendment than motor vehicles.

Whichever side of the issue the Court falls, an experienced criminal defense attorney can help protect your rights if you face drug charges.

Article provided by Buting & Williams, S.C.
Visit us at http://www.buting.com


ELSE PRESS RELEASES FROM THIS DATE:

Utah Bankruptcy Rates Finally Falling, But Still High

2012-12-19
Personal bankruptcy filings in Utah appear to have peaked, according to a recent report, and are showing signs of significant decline for the first time since 2005. Utah bankruptcy filings fell by 13 percent during the first nine months of 2012, the Salt Lake Tribune reported recently. While this certainly is good news for Utah homeowners, the progress is relatively modest in comparison to the gains seen in the national bankruptcy rate, which declined 14 percent during the same period according to the National Bankruptcy Institute. Despite the overall improvements, Utah ...

Report Shows Prescription Drug Abuse Increasing in Dedham

2012-12-19
Massachusetts residents know illegal and legal drugs can both be dangerous. A recent report reveals serious issues with prescription drugs in Dedham. Drug addiction on the rise in Dedham Dedham police have already responded to three reports of fatal drug overdoses in 2012. Additionally, prescription drug abuse has risen by 600 percent in Massachusetts between 1990 and 2003. In Dedham, drug addiction is responsible for numerous robberies, according to Dedham police detectives. Unfortunately, individuals with a severe addiction problem sometimes engage in illegal ...

Winter Wonderland Magic Comes to Atlanta - Ludacris bringing LudaCrismas Cheer to Atlanta Area Children

2012-12-19
Atlanta, GA - This Christmas, multi-platinum rapper/actor Chris 'Ludacris' Bridges will provide a very special Christmas for more than 400 Atlanta area children. On Tuesday December 18th, the Ludacris Foundation, will host its annual "LudaCrismas" holiday event. 150 are youth invited to the holiday event. Each year, Christopher "Ludacris" Bridges provides a Christmas celebration to inner city youth from all over the Atlanta area with the donation of toys, books, and winter clothing. Ludacris, and The Ludacris Foundation are hosting a Christmas Winter ...

Vancouver Orthodontists Dr. Jason Gallant and Kimberly Hodder Providing More Than Straight Teeth With Viva Orthodontics

2012-12-19
Located in the Greater Vancouver area, Canada, Viva Orthodontics provides the highest quality of orthodontic care and offers the the latest in orthodontic care including Invisalign: the "Clear" alternative to braces. Viva Orthodontics also offers Invisalign Teen, clear braces, and metal braces. With 4 locations across the Greater Vancouver area, Viva Orthodontics now serves orthodontic patients in Downtown Vancouver, New Westminster, Grandview Corners, and Clayton Heights. Viva Orthodontics is regarded throughout the Vancouver community for their state-of-the-art ...

Ambler Growth Strategy Consultants Receives 2012 Best of Hammonton Award

2012-12-19
Ambler Growth Strategy Consultants has been selected for the 2012 Best of Hammonton Award in the Management Consulting Services category by the Hammonton Award Program. Each year, the Hammonton Award Program identifies companies that we believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and our community. These exceptional companies help make the Hammonton area a great place to live, work and play. Various ...

Grandstream and Friendly Technologies Announce Successful TR-069 IOT Collaboration

2012-12-19
Grandstream Networks, a leading manufacturer of IP video and voice telephony solutions, today announced that its Linux-based IP phones successfully completed TR-069 interoperability testing (IOT) with Friendly Technologies' TR-069 device management solutions. Deployed together, the two product lines provide an answer to broadband service providers, who seek to reduce the time-to-market for launching next-generation services. Friendly's solution provides complete and unified service life cycle management for Grandstream IP phones, including Zero Touch provisioning, quick ...

John Moore Speaks Live on JoeExoticTV.Com

2012-12-19
John Moore, the Caretaker for the Thompson Farm, gave his heartfelt testimony in court (December 12th), for several hours at the Federal Appeals Court. His testimony left the court room in tears. Tune in this coming Thursday, December 20th, John Moore will speak live on http://www.joeexotictv.com at 6:00 pm cst about that tragic day, and his upcoming book release, "Eighteen Days to the Massacre" is the story of the Thompson Farm Animal Massacre as told by farm caregiver, John Moore and authored by Teresa Headley. Release date is anticipated December 2012. Almost ...

61st Annual Pacific Orchid Exposition Celebrates Diversity and Cultural Heritage

2012-12-19
The Pacific Orchid Exposition is the largest orchid show in the United States, and on February 21st-24th, the event will return to San Francisco to showcase over 150,000 unique orchids from across the globe. This year the theme for the 61st annual event is "East Meets West", which will be reflected in the displays and exhibits in the show. Attendees will be immersed in Eastern culture from the moment they walk into Fort Mason Center and view the elaborate front entrance display, lavishly adorned with traditional Taiwanese lanterns. These beautiful decorations ...

Boston Cosmetic Surgery Center Now Offering Laser Hair Removal

2012-12-19
According to the American Society of Plastic Surgeons, laser hair removal was the third most popular minimally invasive cosmetic procedure in 2010. Given the growing ethnic diversity of U.S. population, safe and effective treatments for all skin types has become the driving force behind the recent advance in technology which has created the Elite MPX by Cynosure. Boston Cosmetic Surgery Center is a premier facial rejuvenation and skin care practice in greater Boston and Massachusetts, founded and directed by Edwin Ishoo, MD, FACS, a board-certified surgeon specializing ...

Post Production Professionals Learn Invaluable Color Correction Tips At AlphaDogs Editors' Lounge

2012-12-19
If you have ever struggled with making a final sequence look better, or in trying to figure out how to fix a few bad shots for a director, you are not alone. For many editors, color correction is a black art that few seem to master. The Editors' Lounge shed new light on this topic recently with a seminar taught by author and veteran colorist, Steve Hullfish. Post-production professionals learned about the importance and the countless benefits of using waveform monitors to aid in perfecting the craft of color-correction. Now into its ninth year, The Editors' Lounge hosts ...

LAST 30 PRESS RELEASES:

Are lifetimes of big appliances really shrinking?

Pink skies

Monkeys are world’s best yodellers - new research

Key differences between visual- and memory-led Alzheimer’s discovered

% weight loss targets in obesity management – is this the wrong objective?

An app can change how you see yourself at work

NYC speed cameras take six months to change driver behavior, effects vary by neighborhood, new study reveals

New research shows that propaganda is on the rise in China

Even the richest Americans face shorter lifespans than their European counterparts, study finds

Novel genes linked to rare childhood diarrhea

New computer model reveals how Bronze Age Scandinavians could have crossed the sea

Novel point-of-care technology delivers accurate HIV results in minutes

Researchers reveal key brain differences to explain why Ritalin helps improve focus in some more than others

Study finds nearly five-fold increase in hospitalizations for common cause of stroke

Study reveals how alcohol abuse damages cognition

Medicinal cannabis is linked to long-term benefits in health-related quality of life

Microplastics detected in cat placentas and fetuses during early pregnancy

Ancient amphibians as big as alligators died in mass mortality event in Triassic Wyoming

Scientists uncover the first clear evidence of air sacs in the fossilized bones of alvarezsaurian dinosaurs: the "hollow bones" which help modern day birds to fly

Alcohol makes male flies sexy

TB patients globally often incur "catastrophic costs" of up to $11,329 USD, despite many countries offering free treatment, with predominant drivers of cost being hospitalization and loss of income

Study links teen girls’ screen time to sleep disruptions and depression

Scientists unveil starfish-inspired wearable tech for heart monitoring

Footprints reveal prehistoric Scottish lagoons were stomping grounds for giant Jurassic dinosaurs

AI effectively predicts dementia risk in American Indian/Alaska Native elders

First guideline on newborn screening for cystic fibrosis calls for changes in practice to improve outcomes

Existing international law can help secure peace and security in outer space, study shows

Pinning down the process of West Nile virus transmission

UTA-backed research tackles health challenges across ages

In pancreatic cancer, a race against time

[Press-News.org] Future of Drug Detection Dogs is Questionable
Is an "alert" from a drug sniffing dog enough to justify a search of a home or car? That question is under review by the U.S. Supreme Court.