Do you remember about a month ago when I told you to keep an eye on the case of Florida vs. Jardines? I alerted you to the presentation of a search and seizure case to the US Supreme Court. Well the case has been decided, with an odd coalition of justices, and chalk one up for the Good guys. The Constitution won.
The myth of a U.S. Supreme Court hopelessly divided along liberal/conservative lines took another hit today as Justices Antonin Scalia and Clarence Thomas split with their fellow conservatives to rule that police can’t use a drug-sniffing dog to establish probable cause for a search warrant.
The sniffing of the dog outside the homeowner’s door was itself an illegal search, the court ruled in an opinion written by Scalia, and thus it was prohibited under the Fourth Amendment guaranteeing citizens be secure in their homes and property. [Forbes]
Folks, I don't think even the liberals on the court realize how huge this is. The implications are far reaching. In fact, I can envision any number of fact patterns affected by this decision.
Will it negatively impact law enforcement? NO, NO, No it won't. Why? Because it will result in more laws, particularly the Constitution, being enforced, not just the convenience laws employed to create more of a police state than a free state, which of course is another topic we've recently discussed.
Seriously, for me, as a lawyer working every day for over 33 years in defense of the Constitution, to see this court draw such a bold line in the sand to stop the ever encroaching government intrusion into our personal liberties is a day for celebration. Even being the wordsmith I am, I cannot state with enough energy how important this decision is.
Thank God for Liberty! Oh, and thank you Justices Scalia, Thomas, Ginsburg, Sotomayor, and Kagan for standing up for the liberty God gave us.