Syracuse residents may have heard that Franky, a retired Miami-Dade drug sniffing dog, and his highly sensitive nose may become the focal point of a potential U.S. Supreme Court examination. The issue questioned by the court would be whether a drug dog's sniff outside someone's house is sufficient grounds for officers to obtain a search warrant, or if the sniff itself constitutes an illegal search.

The case brings to the forefront the issue of dogs being used in searches for drug cases, and whether the use of these dogs is a direct violation of the Fourth Amendment which protects citizens against illegal and improper search and seizure.

Florida's high court has ruled that when Franky detected marijuana growing inside a home by smelling it outside of a closed door, a constitutional line was crossed. Florida's attorney general has asked to have this ruling reversed. If the U.S. Supreme Court takes the case, which it may do this month, there may be implications for those dealing with drug charges in New York.

Court watchers do expect the U.S. Supreme Court to take up the case and question the reading Florida's highest court made of the Fourth Amendment. Across the nation, law enforcement agencies are watching the case closely because they depend heavily on dogs in searches resulting in drug charges.

It is often wise for those facing criminal charges in New York to contact an experienced attorney. A criminal defense attorney can assess whether or not a search was conducted in a legal manner, as well as bring forward any additional evidentiary issues that may affect the outcome of the case.

Source: Associated Press, "US Supreme Court asked to ponder drug dog's sniff," Curt Anderson, Jan. 3, 2011