US Supreme Court asked to ponder drug dog's sniff

[castout]

In AMERICA, we the people, have no rights. Simple as that. LEO, DEA, GOVT, can do whatever they want. I hate to be the bearer of bad news, but our rights have been buuldozed, and buried.

 

[White-rhino]

Black pepper on the threshold, just in case it works....

 

[Hydro-Soil]

The constitution nor bill of rights apply anymore to anyone in FL. The feds do not need any probable cause, no warrant, nothing. They can take you out of your bed and make you disappear permanently. State and local different story. That being said the SCOTUS has already said the constitution and bill of rights apply to NOBODY in FL if the feds are involved ..you know "national security".

This goes for the military now too, with the passage of the NDAA. All 50 states though, not just FL.

This is what we used to complain about the KGB doing in russia 30 years ago. That and everyone and their brother being informants on everyone else.

 

[LordWinter]

What it's going to come down to is whether Jardines' attorneys successfully argue the fact that the drug dog should be considered an officer of the law for the purposes of unreasonable search and seizure, since for the purposes of murder, the dog IS considered an officer of the law and a person who kills said dog while it is performing its duty pretty much faces capital murder charges or at the very least, murder of a police officer.

If the Jardines camp can establish that fact clearly and beyond doubt, we should have nothing to fear.

Given the tendency of the courts, these days, to give more freedom of movement and investigation to the government and limit the rights of the citizens at the same time, I'm not so sure that any sound argument will be truly heeded.

 

[Hash Zeppelin]

^what is crazy is that there is no other country to go to get away from this. The U.S. controls all the policy of the world, we enforce our laws in other countries, and we have a base everywhere, and any country that does not let us put a foreign military base on their home soil gets deemed an enemy. sounds like Rome or England.

 

[Crusader Rabbit]

If they can get away with this illegal sniff search from your front doorstep, they'll be going door to door spraying front door knobs with a substance that turns red when it contacts resin residues. This stuff is already on the market and being used in public schools.

 

[LordWinter]

If they can get away with this illegal sniff search from your front doorstep, they'll be going door to door spraying front door knobs with a substance that turns red when it contacts resin residues. This stuff is already on the market and being used in public schools.

Why does it not surprise me that they're already using that stuff?

 

[Hash Zeppelin]

^Extend your sealed Curtilage with a small fence about 4 feet out.

http://en.wikipedia.org/wiki/Curtilage#Curtilage_in_United_States_law

Curtilage in United States law

This distinction is important in United States law for cases dealing with burglary and with self-defense under the "Castle Doctrine." In some state law, such as Florida, burglary encompasses the English common law definition and adds (among other things) curtilage to the protected area of the dwelling into which intrusion is prohibited. Similarly, under Florida's Castle Doctrine a home-owner does not have to retreat within the curtilage.

The boundary between the home and the curtilage that surrounds it, on the one hand, and the open fields beyond the curtilage, on the other, is also important for the application of the prohibition against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution. The warrant requirement of the Fourth Amendment applies only to the "home," which courts have construed to include the area immediately surrounding the house in which the intimate home activities occur, but not to the open fields beyond. The requirement that law enforcement officers obtain a warrant before searching a suspect's home extends, therefore, to the curtilage, but not to private property beyond the curtilage, even if their access to such "open fields" without the owner's permission would constitute a trespass. [2]

In United States v. Dunn, the Supreme Court identified four factors as critical when assessing the limits of curtilage: "the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by."

 

[oldbluedog]

It never ceases to amaze me at the lengths they are going with this police state of government.

What next? Just kick in the door and shoot everyone inside. Geez it's a plant. Let it go.