STATEMENT OF THE CASE
The Miami-Dade Police Department received
a Crime Stoppers tip that Jardines was growing
marijuana in his house. About a month later, on
December 6, 2006, at 7:00 a.m., Detective Pedraja,
along with a drug task force that included several
agents of the United States Drug Enforcement
Agency, conducted surveillance at Jardines house.
After observing no activity at the house, canine
officer Detective Bartlet, with his leashed narcotics
dog, Franky, and Detective Pedraja, in that order,
using the sidewalk, went to the front porch of the
house. Franky alerted at the front door. At that
point, the canine officer and the dog left.
Detective Pedraja then knocked on the front
door to obtain consent to search. There was no
response. He then personally smelled the odor of
marijuana. Detective Pedraja also noticed the air
conditioning running constantly for fifteen minutes,
which, in his experience, is a sign of a grow house.
While the task force remained behind in public areas
to secure the scene, Detective Pedraja went to obtain
a search warrant.
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