A Tough Call for the Magistrates

Our American Constitution declares that a person should be presumed innocent until he is proven to be guilty. That’s why whenever a story hits the news the word “alleged” has to be added to it, although it might not really go very far in convincing people that the featured person in the story might still be innocent. There has to be some sort of balance between the perpetrator’s rights and the victim’s rights. But where do we draw the line?

Groups like the ACLU often step up to speak for those that they think are being treated unfairly. But what about the officers who are trying their best to bring criminals to justice? What about the many hours and thousands of dollars that are spent trying to stop the drug trade from destroying peoples’ lives?

This story expresses the angst of both sides of the situation. Here’s what happened. Police officers went to the home of Joelis Jardines on a tip that there might be some marijuana trafficking as well as electricity theft going on. They took a drug-sniffing dog with them. The dog indicated that there was, indeed, drugs in the home. The police then got a legal warrant to search the property, after which they arrested Jardines. Here’s the kicker: Jardines and his attorney are challenging the search, saying that the dog’s “sniffing” was an unconstitutional intrusion into his home. The judge upheld Jardines’ view and tossed out the evidence. Then the appeals court turned that around, rendering the evidence acceptable. Next it went to the state Supreme Court, which reversed the appeals court and agreed with the original trial judge. Now, of course, it is going to the Supreme Court of the United States.

Does this violate the Fourth Amendment’s rule against a search without a warrant? Well, the Supreme Court decided on January 6, 2012 that they will hear the case; it is going to hear the evidence in April and then rule on it by June of 2012. The Supreme Court has in the past upheld searches of vehicles and luggage but tended to protect the privacy of a person’s home. For instance, a case that involved using thermal imaging to find a marijuana growing operation was lost due to not having a warrant beforehand.