THE STATE OF FLORIDA, APPELLANT,
v.
RAYDEL B. RODRIGUEZ, APPELLEE
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Florida's Third District Court of Appeal reversed the suppression of evidence from a marijuana farm search, holding that a dog sniff does not constitute a Fourth Amendment search under State v. Jardines.
A dog sniff is not a Fourth Amendment search and therefore cannot serve as the sole basis for probable cause to suppress evidence obtained via a valid search warrant.
[1] A dog sniff does not constitute a Fourth Amendment search and therefore cannot be the sole basis for finding probable cause to suppress evidence obtained pursuant to a se…
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Join FLexlaw to unlock all legal intelligence“dog's sniff [of an air traveler's suitcase] is not a fourth amendment search”
The court cited prior precedent from State v. Goodley and Mata v. State establishing that dog sniffs do not constitute Fourth Amendment searches.
Police obtained a search warrant for defendant's premises based largely on probable cause derived from a positive dog sniff near the structure, which …
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SCHWARTZ, Senior Judge.
This is a State appeal from an order suppressing the incriminating evidence of a marijuana farm located within the defendant’s premises, seized pursuant to a duly issued search warrant. The basis of the ruling was avowedly that, because the probable cause asserted in the supporting affidavits was largely founded upon a positive dog sniff near the structure, State v. Rabb, 920 So. 2d 1175 (Fla. 4th DCA 2006), review denied, 933 So. 2d 522 (Fla.2006), cert. denied, 549 U.S. 1052, 127 S.Ct. 665, 166 L.Ed.2d 513 (2006) controlled. At-hough Rabb may be distinguishable from this case,1 we need not further explore that matter because, without more, reversal is required by State v. Jardines, — So. 3d —, 2008 WL 4643082, 33 Fla. L. Weekly D2455 (Fla. 3d DCA Oct. 22, 2008), which held that Rabb was wrongly decided. Accord Stabler v. State, 990 So. 2d 1258 (Fla. 1st DCA 2008). See also State v. Goodley, 381 So. 2d 1180, 1182 (Fla. 3d DCA 1980)(“dog’s sniff [of an air traveler’s suitcase] is not a fourth amendment search”); Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA 1980) (same). On the authority of Jardines, the order under review is reversed, and the cause is remanded for further proceedings.
Reversed and remanded.
. Among other things, the grassy odor to which the accomplished dog in this case alerted emanated from a sewer pipe in the defendant’s yard, rather than the house itself as in Rabb.
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Citator
Cited By
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Raydel B. Rodriguez v. State, 90 So. 3d 268 (Fla. 2012)…PER CURIAM. We have for review State v. Rodriguez, 997 So. 2d 1210 (Fla. 3d DCA 2008), in which the Third District Court of Appeal cited as authority its decision in State v. Jardines, 9 So. 3d 1 (Fla. 3d DCA 2008), quashed, 73 So. 3d 34 (Fla.2011), cert. granted in part, — U.S.-, 132 S.Ct. 995, 181 L.Ed.2d 726 (20…
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State v. Raydel Rodriguez, 114 So. 3d 348 (Fla. 3d DCA 2013)…SCHWARTZ, Senior Judge. In State v. Rodriguez, 997 So. 2d 1210 (Fla. 3d DCA 2008), we reversed an order of suppression stemming from a dog sniff of a marijuana enterprise located in Miami-Dade County, on the authority of our previous decision in State v. Jardines, 9 So. 3d 1 (Fla. 3d DCA 2008). The case is agai…
Authorities Cited
- State v. Rabb, 920 So. 2d 1175 (Fla. 4th DCA 2006)
- State v. Goodley, 381 So. 2d 1180 (Fla. 3d DCA 1980)
- Mata v. State, 380 So. 2d 1157 (Fla. 3d DCA 1980)
- Graham v. State, 990 So. 2d 1258 (Fla. 1st DCA 2008)
- Tywan D. Stabler v. State, 990 So. 2d 1258 (Fla. 1st DCA 2008)