The Law Office of Anne F. Borghetti, State and Federal Criminal Defense Lawyer

  Federal Criminal Lawyer Anne F. Borghetti  

Supreme Court upholds 4th Amendment Case

2013-04-01

The Florida Supreme Court has come back with a decision in favor the defendent in Florida v. Joelis Jardines. In this case the police took a drug sniffing dog on the property of a homeowner suspected of growing marijuana. At the front door, the dog allegedly sensed one of the odors it was trained to detect.

The police then took this information and used it as the basis to obtain a warrant. At trial Jardines defense moved to suppress the marijuana plants on the grounds that the search with the dog was unreasonable. Ttrial court granted this motion, later the Florida Third District Court of Appeal reversed the decision. What was determined in this Supreme Court case was that when the officer used a dog at the front door of the property, he had already performed what is considered a search of the properties contents – without having a warrant. In this decision the court found that the area “immediately surrounding and associated with the home” is what is protected as “part of the home itself for Fourth Amendment purposes.”

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St Petersburg Clearwater Criminal Defense Lawyer Anne Borghetti

Phone: 727.502.0300

12211 49th St N, Suite 1
Clearwater, FL 33762

13055 W Linebaugh Ave
Tampa, FL 33626
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