Reasons
Although the K-9 team alerted to the presence of drugs in Mr. Right's residence, his dwelling was not in the content of the initial warrant. There was no mentioning of anything to do with Mr. Right's residence, nor any suspicion to assume that he may also have been involved in criminal drug use and distribution. The Fourth Amendment clearly demands a warrant to be specific in who or what is to be searched, and therefore the warrant did not cover the search of any additional private residences. In searching Mr. Right's property without a warrant, the Saint Leo Police department could leave itself open to potentially having to pay the consequences of loosing in a Section 1983 lawsuit. Moreover, it is true that the K-9 signals would be enough to establish probable cause. This would've allowed police officers to conduct a search of Mr. Right's residence if they had gone back to the judge and acquired another warrant based on the probable cause that the canine had provided. This was not done, however, and the officers searched the property right on the spot, without acquiring an additional warrant. As such, the search of Mr. Right's property could be seen as unconstitutional.
Core Values
The core values of this department demand respect for the U.S. Constitution and the Bill of Rights. All members of criminal justice organizations and institutions...
This requires adhesion to the rights as defined by the U.S. Constitution and the Bill of Rights.
Keeping the charges relating to what was found on Mr. Right's property would thus be a clear breach of those values, as it violates his
Constitutional rights as an American citizen.
Bibliography
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