It seems to me that since the dog was outside the house when he sniffed the marijuana coming from inside the house, the cops were not intruding on the sanctity of the home.
SUPREME COURT MAY PONDER K-9 SNIFF
The nation’s high court has previously said a home deserves special protection from law enforcement searches
By Curt Anderson
Associated Press
January 3, 2012
MIAMI — The U.S. Supreme Court is being asked to decide whether a Florida police K-9's sniff outside the front door of a marijuana grow house violates the Constitution.
Florida's attorney general wants the justices to reverse a state Supreme Court ruling that the dog's sniff violates the sanctity of the home.
The nation's high court has previously said a home deserves special protection from law enforcement searches. Lawyers for Florida say a dog's nose is different because it detects only illegal activity that's not entitled to privacy.
The justices could decide later this month whether to take the case.
Law enforcement officials say a finding against the use of K-9s outside the home could jeopardize an essential police tool. But the state Supreme Court said police cannot cross that constitutional line.
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