State v. Jardines

9 So. 3d 1, 2008 Fla. App. LEXIS 16305, 2008 WL 4643082
CourtDistrict Court of Appeal of Florida
DecidedOctober 22, 2008
Docket3D07-1615
StatusPublished
Cited by21 cases

This text of 9 So. 3d 1 (State v. Jardines) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jardines, 9 So. 3d 1, 2008 Fla. App. LEXIS 16305, 2008 WL 4643082 (Fla. Ct. App. 2008).

Opinions

WELLS, Judge.

The State of Florida appeals from an order suppressing evidence seized pursuant to a search warrant executed on the home of Joelis Jardines. We reverse because the trial court erred in ruling that the magistrate lacked probable cause to issue the warrant and because the evidence suppressed was admissible under the “inevitable discovery” doctrine.

On December 5, 2006, William Pedraja, an officer with the Miami-Dade Police Department, obtained a search warrant from Miami-Dade County Court Judge George Sarduy. The warrant was supported by a probable cause affidavit which identified the premises to be searched, detailed Officer Pedraja’s extensive experience in detecting hydroponic marijuana laboratories [3]*3and the methods and equipment used in such laboratories, and stated:

“Your Affiant’s” reasons for the belief that “The Premises” is being used as [a marijuana hydroponics grow lab] and that “The Property [consisting of marijuana and the equipment to grow it]” listed above is being concealed and stored at “The Premises” is as follows:
On November 8, 2006, “Your Affiant” detective William Pedraja, # 1268, received information from a crime stoppers tip that marijuana was being grown at the described residence.
On December 5, 2006, “Your Affiant” conducted surveillance at the residence and observed no vehicles in the driveway. “Your Affiant” also observed windows with the blinds closed. “Your Af-fiant” and Detective Doug Bartelt with K-9 drug detection dog “FRANKY” approached “The Premises” in an attempt to obtain a consent to search. While at front door [sic], “Your Affiant” detected the smell of live marijuana plants emanating from the front door of “The Premises.” The scent of live marijuana is a unique and distinctive odor unlike any other odor. Additionally, K-9 drug detection dog “FRANKY” did alert to the odor of one of the controlled substances he is trained to detect. ‘Your Affiant,” in an attempt to obtain a written consent to search, knocked on the front door of “The Premises” without response. ‘Your Affiant” also heard an air conditioning unit on the west side of the residence continuously running without recycling. The combination of these factors is indicative of marijuana cultivation.
Based upon the positive alert by narcotics detector dog “FRANKY” to the odor of one or more of the controlled substances that she is trained to detect and “FRANKY” [sic] substantial training, certification and past reliability in the field in detecting those controlled substances, it is reasonable to believe that one or more of those controlled substances are present within the area alerted to by “FRANKY.” Narcotics Canine handler, Detective Bartelt, Badge number 4444, has been a police officer with the Miami-Dade Police Department for nine years. He has been assigned to the Narcotics Bureau for six years and has been a canine handler since May 2004. In the period of time he has been with the Department, he has participated in over six hundred controlled substances searches. He has attended the following training and received certification as a canine handler ....
Since becoming a team, Detective Bartelt and narcotics detector canine “FRANKY” have received weekly maintenance training.... Narcotics detector canine “FRANKY” is trained to detect the odor of narcotics emanating from the following controlled substances to wit: marijuana.... To date, narcotics detector canine “FRANKY” has worked approximately 656 narcotics detection tasks in the field. He has positively alerted to the odor of narcotics approximately 399 times. “FRANKY’S” positive alerts have resulted in the detection and seizure of approximately 13,-008 grams of cocaine, 2,638 grams of heroin, 180 grams of methamphetamine, 936,614 grams of marijuana, both processed ready for sale and/or live growing marijuana.
WHEREFORE, Affiant prays that a Search Warrant be issued ... to search “The Premises” above-described....

(Emphasis added).

A search conducted pursuant to the warrant resulted in seizure of live marijuana [4]*4plants and the equipment used to grow them, and resulted in Jardines being chai'ged with trafficking in cannabis and theft for stealing the electricity needed to grow it.

Jardines, relying primarily on State v. Rabb, 920 So.2d 1175 (Fla. 4th DCA 2006), moved to suppress1 arguing that no probable cause existed to support the warrant because: (1) the dog “sniff’ constituted an illegal search; (2) Officer Pedraja’s “sniff’ was impermissibly tainted by the dog’s prior “sniff’; and (3) the remainder of the facts detailed in the affidavit were legally insufficient to give rise to probable cause.

We reverse the trial court’s determination that “the use of a drug detector dog at the Defendant’s house door constituted an unreasonable and illegal search” and that the evidence seized at Jardines’ home must be suppressed. We do so because, first, a canine sniff is not a Fourth Amendment search; second, the officer and the dog were lawfully present at the defendant’s front door; and third, the evidence seized would inevitably have been discovered.

A Canine Sniff Is Not A Fourth Amendment Search

In Illinois v. Caballes, 543 U.S. 405, 408, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005), the United States Supreme Court expressly rejected the notion that a “dog sniff itself infringed [a] ... constitutionally protected interest in privacy.” In doing so, the Court confirmed that because a dog sniff detects only contraband, and because no one has a “legitimate” privacy interest in contraband, a dog sniff is not a search under the Fourth Amendment.

Official conduct that does not “compromise any legitimate interest in privacy” is not a search subject to the Fourth Amendment. [United States v. Jacobsen, 466 U.S. 109, 123, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984) ]. We have held that any interest in possessing contraband cannot be deemed “legitimate,” and thus, governmental conduct that only reveals the possession of contraband “compromises no legitimate privacy interest.” Ibid. This is because the expectation “that certain facts will not come to the attention of the authorities” is not the same as an interest in “privacy that society is prepared to consider reasonable.” Id., at 122, 104 S.Ct. 1652 (punctuation omitted). In United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983), we treated a canine sniff by a well-trained narcotics-detection dog as “sui generis ” because it “discloses only the presence or absence of narcotics, a contraband item.” Id., at 707, 103 S.Ct. 2637; see also Indianapolis v. Edmond, 531 U.S. 32, 40, 121 S.Ct. 447, 148 L.Ed.2d 333 (2000). Respondent likewise concedes that “drug sniffs are designed, and if properly conducted are generally likely, to reveal only the presence of contraband.”

Caballes, 543 U.S. at 408-9, 125 S.Ct. 834 (some citations omitted).

Based on this reasoning, we reject the notion that Kyllo v. United States,

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Bluebook (online)
9 So. 3d 1, 2008 Fla. App. LEXIS 16305, 2008 WL 4643082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jardines-fladistctapp-2008.