No. 21-6726

Mark Jason Davis v. Florida

Lower Court: Florida
Docketed: 2021-12-23
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment drug-detection fourteenth-amendment fourth-amendment k9-sniff police-dog private-property probable-cause search search-and-seizure search-warrant
Latest Conference: 2022-02-18
Question Presented (from Petition)

WHETHER AN OPEN-AIR SNIFF CONDUCTED BY A POLICE K9 (DOG) TRAINED IN DRUG DETECTION, ON PRIVATE PROPERTY, WITHOUT A SEARCH WARRANT OR PROBABLE CAUSE, CONSTITUTES A SEARCH WITHIN THE MEANING OF THE UNITED STATES CONSTITUTION 4th AND 14th AMENDMENTS. FL. S. CT. V. JARDINES 133 SCT 1409 (2013), ''THE GOVERNMENT USE OF A TRAINED POLICE DOG TO INVESTIGATE A HOME AND ITS IMMEDIATE SURROUNDINGS IS A USE SEARCH WITHIN THE MEANING OF THE 4th AMENDMENT.

Question Presented (AI Summary)

Whether an open-air sniff conducted by a police K9 on private property without a warrant or probable cause constitutes a search

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2021-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 24, 2022)

Attorneys

Mark Jason Davis
Mark Jason Davis — Petitioner