Drugs, Dogs, and the Fourth Amendment: An Analysis of Justice Stevens' Opinion in Illinois V. Caballes
James B. Johnston
Seton Hall University - School of Law
Quinnipiac Law Review, Vol. 24, No. 4, 2006
When a drug dealer delivers illegal narcotics to the American market place, he frequently uses our nation's roadways. In an opinion authored by Justice John Paul Stevens and captioned Illinois v. Caballes, the U.S. Supreme Court held that a drug dealer does not have a reasonable expectation of privacy in delivering illegal drugs that are detected by a drug sniffing dog from the drug dealer's car. The article argues that we as a society have a right and an obligation to protect ourselves from drug abuse and drug traffickers. Justice Stevens' opinion provides a brilliant examination of judicial precedent coupled with common sense. Caballes provides a balanced approach by providing law enforcement with a case that allows our police and prosecutors to fairly and effectively bring drug traffickers to justice.
Number of Pages in PDF File: 23
Date posted: August 31, 2009 ; Last revised: September 17, 2009