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March 7, 2021
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(2008-05-21)
(wgvu) - The Michigan Court of Appeals says it's OK
for police to use dogs to sniff the exterior of a house to detect
drugs without a search warrant.
The 2-1 ruling released Wednesday is a setback for Jeffrey Jones
of Detroit.
A Wayne County judge had suppressed evidence and dismissed
marijuana possession charges against Jones because he argued the
sniffing was an illegal search. Prosecutors appealed.
Two judges on the appeals court say police, acting on a tip, can
go to someone's home with drug-detection dogs, sniff the front door
and use that information to get a warrant to search inside the
house.
A dissenting judge says the ruling erodes the protections of
privacy and the sanctity of the home guaranteed by the Fourth
Amendment.
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