Stop Eroding the Constitution - Demand Proper Police Procedure

The Issue

Florida State Attorney Pam Bondi plans to take a case to the US Supreme Court that the Florida Supreme Court ruled was a violation of the Fourth Amendment. There was no investigation, no warrant.

According to the Florida Supreme Court documents, " Police conducted a warrantless "sniff test" by a drug detection dog at Jardines‟ home and discovered live marijuana plants inside. The trial court granted Jardines‟ motion to suppress the evidence, and the State appealed." The document further states, "The issue presented here is twofold: (i) whether a "sniff test" by a drug detection dog conducted at the front door of a private residence is a "search" under the Fourth Amendment and, if so, (ii) whether the evidentiary showing of wrongdoing that the government must make prior to conducting such a search is probable cause or reasonable suspicion." The court socument also stated, "The Fourth Amendment provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause." U.S. Const. amend. IV. The United States Supreme Court has held that " „[a]t the very core‟ of the Fourth Amendment "stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. " The court sited, "Kyllo v. United States, 533 U.S. 27, 31 (2001) (quoting Silverman v. United States, 365 U.S. 505, 511 (1961)). "

To view the Florida Supreme Court ruling document, please click here: http://www.floridasupremecourt.org/decisions/2011/sc08-2101.pdf  

Attorney General Pam Bondi stated, "This Supreme Court ruling hinders law enforcement’s ability to protect citizens by identifying and arresting drug dealers. The court’s decision clearly conflicts with binding U.S. Supreme Court precedent and decisions of courts nationwide. We will ask the U.S. Supreme Court to overturn this flawed decision."

Facially fatally flawed search warrant is a legal term yet disregarded so often that police do not even take the time to properly fill out the paperwork. The state is becoming a third world kangaroo court. What has happened to professionalism by the police of this state? This problem needs to be addressed, not eroding the constitution of the state of Florida and the United States.

It is time to end the police state behavior in Florida. In comparision to how police departments handle thing in other states Florida has gone over the top and become a police state where the police that are suppose to protect you have become a frightening force. Florida needs to get back to proper police procedure. State funds should be directed to insuring proper police procedure not eroding the Constitutions and the Fourth Ammendment.  

This petition had 30 supporters

The Issue

Florida State Attorney Pam Bondi plans to take a case to the US Supreme Court that the Florida Supreme Court ruled was a violation of the Fourth Amendment. There was no investigation, no warrant.

According to the Florida Supreme Court documents, " Police conducted a warrantless "sniff test" by a drug detection dog at Jardines‟ home and discovered live marijuana plants inside. The trial court granted Jardines‟ motion to suppress the evidence, and the State appealed." The document further states, "The issue presented here is twofold: (i) whether a "sniff test" by a drug detection dog conducted at the front door of a private residence is a "search" under the Fourth Amendment and, if so, (ii) whether the evidentiary showing of wrongdoing that the government must make prior to conducting such a search is probable cause or reasonable suspicion." The court socument also stated, "The Fourth Amendment provides that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause." U.S. Const. amend. IV. The United States Supreme Court has held that " „[a]t the very core‟ of the Fourth Amendment "stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion. " The court sited, "Kyllo v. United States, 533 U.S. 27, 31 (2001) (quoting Silverman v. United States, 365 U.S. 505, 511 (1961)). "

To view the Florida Supreme Court ruling document, please click here: http://www.floridasupremecourt.org/decisions/2011/sc08-2101.pdf  

Attorney General Pam Bondi stated, "This Supreme Court ruling hinders law enforcement’s ability to protect citizens by identifying and arresting drug dealers. The court’s decision clearly conflicts with binding U.S. Supreme Court precedent and decisions of courts nationwide. We will ask the U.S. Supreme Court to overturn this flawed decision."

Facially fatally flawed search warrant is a legal term yet disregarded so often that police do not even take the time to properly fill out the paperwork. The state is becoming a third world kangaroo court. What has happened to professionalism by the police of this state? This problem needs to be addressed, not eroding the constitution of the state of Florida and the United States.

It is time to end the police state behavior in Florida. In comparision to how police departments handle thing in other states Florida has gone over the top and become a police state where the police that are suppose to protect you have become a frightening force. Florida needs to get back to proper police procedure. State funds should be directed to insuring proper police procedure not eroding the Constitutions and the Fourth Ammendment.  

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