Drugs, Dogs, and the Fourth Amendment: An Analysis of Justice Stevens' Opinion in Illinois V. Caballes

23 Pages Posted: 31 Aug 2009 Last revised: 17 Sep 2009

James B. Johnston

Seton Hall University - School of Law

Date Written: 2006

Abstract

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.

Suggested Citation

Johnston, James B., Drugs, Dogs, and the Fourth Amendment: An Analysis of Justice Stevens' Opinion in Illinois V. Caballes (2006). Quinnipiac Law Review, Vol. 24, No. 4, 2006. Available at SSRN: https://ssrn.com/abstract=1464223

James B. Johnston (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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