US Supreme Court justices hear arguments over police dog use

WASHINGTON (AP) — The Supreme Court today considered curbing police use of drug-sniffing dogs as lawyers argued that using a dog's hypersensitive nose outside a home to indicate the possibility of illegal substances inside amounts to an unconstitutional breach of privacy.

Justices also are considering making states prove in court how well-trained and effective those drug-sniffing dogs are before prosecutors can use evidence turned up by the dog — something police departments say could put a crimp in their use of canines in law enforcement. It "puts the dog on trial," said lawyer Gregory Garre, who represented the state of Florida in both cases.

The arguments today revolved around the work of Franky and Aldo, two drug-sniffing dogs used by police departments in Florida.

Franky's case arose from the December 2006 arrest of Joelis Jardines at a Miami-area house where 179 marijuana plants were confiscated. Miami-Dade Police Department officers obtained a search warrant after Franky detected the odor of pot from outside the front door. The trial judge threw out the evidence, agreeing with Jardines' attorney that the dog's sniff was an unconstitutional intrusion into the home.

An appeals court reversed that ruling, but the state Supreme Court sided with the original judge.