If a dog sniff a search under Florida law?

A recent case of the Third District Court of Appeal (Florida) creates an interesting question about the use of the dog sniff without warrant. The Fourth District Court of Appeals has held that a dog sniff is a search in certain situations and, therefore, a mandate is necessary. Third District agree and certified a conflict to the Supreme Court of Florida

The problem is this: When a police officer receives an anonymous tip, a drug may sniffer dogs atthe top and the use of this dog looking for drugs? If the dog sniff of a person infringing the right of privacy? Previously, the U.S. Supreme Court has Kyllönen that "improve decision of common sense" technology can not be used arbitrarily, to search for drugs.

In Kyllönen, the police would use infrared heat-sensing technology to scan homes in a given environment. If the sensor recorded a large source of heat emanating from the house, the police would lead to further investigationsa possible marijuana grow house. The lights grow houses for heating over 100 degrees Fahrenheit, and then be detected by the sensor technology of heat.

The U.S. Supreme Court reflects the practice of law enforcement as an unlawful interference with the privacy of U.S. citizens.

Facing a dog sniff: that, as the heat sensor technology that is used in Kyllönen? The Fourth District said yes, a dog sniff is a search (and thus triggering the Fourth AmendmentProtection), because a dog as a thermal imaging camera, is the sense of improved technology that goes into the constitutionally protected area of the house of the defendant.

Not so, says the third district. A dog sniff is not a Fourth Amendment search. the nose of a dog is not a "device", the technology is still useful for optimization. A dog alerts to an illegal activity so only if the dog is staying at home and warnings otherwise legitimate drug sniffing about, is not a search.

Third Districtrealized that this company is in direct conflict with the participation of the Fourth District in the case discussed above. The Florida Supreme Court heard arguments for both sides and decide what if anything is true of the two fields.

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