WASHINGTON — Supreme Court justices seemed ready Wednesday to adjust the legal leash on drug-sniffing dogs, in two high-profile cases out of Florida.
Justices voiced skepticism about a Florida Supreme Court ruling that imposed strict criteria for determining when a dog is qualified to help make a drug bust. At the same time, court conservatives joined liberals in suggesting that a police canine sniffing at the front door of a suspected drug house may be a search that triggers constitutional protections.
"It seems to me crucial that this officer went onto the portion of the house as to which there is privacy, and used a means of discerning what was in that house that should not have been available," Justice Antonin Scalia said at one point.
The two cases heard separately Wednesday will help shape law enforcement agencies' growing canine dependency. Twenty-four states have sided with Florida law enforcement officials, noting in a legal brief that "drug-detecting canines are one of the essential weapons in the states' arsenal to combat this illegal traffic."
A majority of the justices who spoke Wednesday sounded protective of the privacy inherent in a home.
An assertion by attorney Gregory C. Garre, who's representing Florida in both cases, that people can't expect privacy "when it comes to contraband" was flatly rejected by Justice Anthony Kennedy, who's a frequent swing vote on close decisions. Kennedy and Scalia, both Republican appointees, joined Justice Sonia Sotomayor and several other Democratic appointees in repeatedly challenging Florida's case.
The second case heard Wednesday involved Aldo, a German shepherd who was on patrol June 24, 2006, with his human partner from the Liberty County Sheriff's Office in Florida's Panhandle. The deputy pulled over a pickup with an expired tag. Aldo alerted, and the deputy found 200 pseudoephedrine pills, which can be used to make methamphetamine.
A divided Florida Supreme Court subsequently ruled that Aldo's alert was insufficient to show probable cause for a follow-up search, because of questions about the dog's reliability. The state court spelled out a series of records that law enforcement agencies must be prepared to provide to demonstrate a drug-sniffing dog's reliability. State officials call this burdensome, and a number of justices seemed to agree.
"Why is that the right list?" Justice Stephen Breyer asked. "I mean, what in the Constitution requires that list?"
Decisions in the two cases are expected by the end of the court's term next June.