Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law, and Leon Friedman, Joseph Kushner Distinguished Professor of Civil Liberties Law, were quoted in the following Newsday article.
Q&A on Suffolk’s drug-sniffing dogs
By STACEY ALTHERR AND SUMATHI REDDY
September 24, 2009
Are there any legal questions involved in police dogs finding drugs on school premises during training exercises?
No, according to some legal experts.
“Randomly finding something that was not intentionally being searched for doesn’t implicate any search and seizure issues,” said Eric Freedman, a constitutional law professor at Hofstra Law School.
But Leon Friedman, also a constitutional law professor at Hofstra, said dogs sniffing is inherently a search. “If it’s conducted by the police, it has to comply with the Fourth Amendment,” he said. “The Fourth Amendment requires probable cause before you can actually do the search.”