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Will Supreme Court Take Up Drug-Sniffing Dog Case?

Shepard Smith reports that the Florida attorney general is asking the Supreme Court to get involved in a drug-sniffing dog case. Florida’s highest court recently ruled that cops crossed the line when they searched a Miami-area home after a drug dog detected a scent outside the front door.

Judge Andrew Napolitano explained the legal details of the case, saying that a Florida judge ruled that the dog’s reading was unreliable because the dog could give a false positive, and it was not a sufficient basis for issuing a search warrant. Napolitano explains that a search warrant requires probable cause, which can’t be determined by a dog. Florida prosecutors are appealing this to the U.S. Supreme Court, which may or may not take the case.

Napolitano said the Supreme Court ruling will be interesting because the court recently determined that a human being’s sense of smell is sufficient, not only to get a search warrant, but to break down the door of the home and enter the home.

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