A Florida Supreme Court ruling which held unconstitutional a search warrant obtained by police after a drug dog detected drugs inside a house from outside a closed front door is expected to be taken up by the United States Supreme Court this term. The case, Florida v. Jardines, stemmed from the 2006 arrest of Miami resident Joelis Jardines of marijuana trafficking and grand theft after police, acting on a warrant obtained after a police dog named Franky detected the scent of marijuana from outside the front door of Jardines residence, discovered 179 live marijuana plants inside the house. Jardines challenged the search in court and ultimately prevailed at the Florida Supreme court, with the majority ruling that “There is simply nothing to prevent agents from applying the procedure in an arbitrary or discriminatory manner, or based on whim and fancy, at the home of any citizen.” Though previous drug dog cases in the US Supreme Court have found the use of dogs to be constitutional, Florida v. Jardines would be the first involving a private residence. Similar police drug detection techniques such as thermal imaging, have been found unconstitutional when applied to private residences in previous cases. Law enforcement agencies, as well as defense attorneys who handle marijuana law and drug crimes, are closely monitoring the case as it could have nationwide implications.

Read the full story at the Atlanta Journal Constitution.