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Drug dog sniff is unconstitutional search, Supreme Court rules

this is a discussion within the Everything Else Community Forum; The problem with what happened is that the Police used the dogs sense of smell to get the warrant. That is bassakwards... As far as Alito's "It's not trespassing when a mail carrier comes on a porch for a brief ...

 
 
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Old 03-27-2013, 11:53 AM   #3
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Re: Drug dog sniff is unconstitutional search, Supreme Court rules

The problem with what happened is that the Police used the dogs sense of smell to get the warrant. That is bassakwards...

As far as Alito's "It's not trespassing when a mail carrier comes on a porch for a brief period, Alito said."... No it is not, the mail carrier is coming to deliver private property. If the mail carried goes to the door and has nothing for the residence then yes.. it is trespassing. The line about things emitting from the house such as odors are only relevant id that odor is detectable from outside of the private property boundaries.

Still..

Government agencies can not smell your house from the outside to get a warrant much like they can not listen in on your mobile phone conversations that are emitting from inside your house with out a warrant.

Airports are different, the dog is not located on private property.

Furthermore Alito, if a cop comes on my property with out a warrant, I can ask him to leave and he must.. or he is trespassing.

I am astounded that the Justices didn't very quickly draw this conclusion and issue following statement.

"Using a sniffing device is the same as using a listening device.. Warrants must be issued before."

It's not what you look at that matters, it's what you see. ~ Henry David Thoreau
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