Criminal Law Commons, The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v.Jardines decision of the U.S. Supreme Court. Florida v. Jardines - Oral Argument Florida v. Jardines - Opinion Announcement Conclusion Decision: 5 votes for Jardines, 4 vote(s) against Legal provision: Fourth amendment Yes. H�u3012�Y������ �� $ Florida v. Jardines, 569 U.S. 1 (2013), was a United States Supreme Court case which resulted in the decision that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant. I'm a professor of electrical engineering, public policy, and management at UCLA, as well as a visiting professor of law. But the scope of a license is limited not only to a particular area but also to a specif-ic purpose, and there is no customary invitation to enter the curtilage simply to conduct a search.

By contrast, Justice Alito and the three other dissenting justices disagreed that Kyllo was applicable in Jardines, noting that a dog is neither a new form of technology nor a device. In those cases, the police used search tools to gather inferences about what was inside the home through what was emanated from the home; the police in this case used the dog in a similar fashion. Florida argues that, under Supreme Court precedent, a dog sniff does not constitute a Fourth Amendment search requiring probable cause. After receiving a tip about a house in which marijuana was growing, a detective approached the house, which was owned by Jardines (defendant), with a drug-sniffing dog. Criminal Procedure Commons, The Florida Supreme Court held that the State must in every case present an exhaustive set of records, including a log of the dog’s performance in the field, to establish the dog’s reliability. FAQ | NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.


My Account | Accessibility Statement, Washington & Lee University School of Law Scholarly Commons, RE_ Permission to post articles to repository.pdf, Supreme Court of the United States Commons. Florida v. Jardines. Fourth Amendment Commons, Finally, the article will examine the three most probable results of the Jardines decision and advocate for the Court's rejection of warrantless canine sniffs of the home. About | © 2020 Forbes Media LLC. > h�bbd``b`�$[@��k$���& V8HLD��A�[qD0����D% p As the detective neared Jardines's porch, the dog detected the odor of marijuana. 0

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The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. %%EOF Florida v. Jardines is significant because it essentially equates a drug-sniffing dog with other super-sensitive pieces of equipment that have also resulted in Fourth Amendment violations when used by the police without probable cause. When the government “uses a device that is not in general public use,” the Court held in Kyllo, “to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant.”. Florida v. Harris, 568 U.S. 237 (2013), was a case in which the United States Supreme Court addressed the reliability of a dog sniff by a detection dog trained to identify narcotics, under the specific context of whether law enforcement's assertions that the dog is trained or certified is sufficient to establish probable cause for a search of a vehicle under the Fourth Amendment to the United States Constitution. Below Argument Opinion Vote Author Term; 11-564: Fla. S. Ct. Oct 31, 2012 Tr. I am also a nonresident senior fellow at the Brookings Institution in Washington DC and a National Fellow at the Hoover Institution at Stanford. Op. In 2006, following a tip regarding marijuana being grown in a house, Miami police brought a drug-sniffing dog to the front porch. On December 6, 2006, two detectives, along with a trained drug detection dog, approached the residence. Florida v. Jardines. %PDF-1.6 %���� Justice Kagan and the two justices who joined her concurrence considered a trained drug-detection dog to be a device not in general public use, and on those grounds would have found its use unconstitutional in light of Kyllo. Justice Antonin Scalia delivered a 5-4 opinion affirming the Florida Supreme Court's decision.

553, Florida v. Jardines: The Wolf at the Castle Door, Timothy C. MacDonnell, Washington and Lee University School of LawFollow, New York University Journal of Law & Liberty. On November 3, 2006, the Miami-Dade Police Department received an unverified "crime stoppers" tip that the home of Joelis Jardines was being used to grow marijuana. FLORIDA v. JARDINES certiorari to the supreme court of florida No. Mar 26, 2013: 5-4: Scalia: OT 2012: Holding: A dog sniff at the front door of a house where the police suspected drugs were being grown constitutes a search for … Aud. Scholarly Articles When that happens, the Court will face the unenviable task of determining what, in today’s day and age, constitutes a reasonable expectation of privacy in light of technologies that are both highly sophisticated and widely used. All Rights Reserved, This is a BETA experience. Supreme Court of the United States Commons. h�b```�B�``f`�s\�p N�0���a������}>� �Y����c9Nqr��Ja�d�&�̡�VΞ�6�͑�{�r"�/������o����v�@�d�;����[�k����|���D\8t>ٙ۶�w��ƅs�k+�,%y�'#=ӵ�w���µ+��m[,%u�'#;�������٢�A��Br�kCP�QI����IIL+�A ��00����@,`��9DXV04�&T6. You can follow me on Twitter (@johndvillasenor). 2 v. JARDINES FLORIDA Syllabus citizen might do.” Kentucky v. King, 563 U. S. ___, ___. The Florida Supreme Court agreed, and so did a majority of the United States Supreme Court.



In U.S. v. Jones , 565 US ___, 132 S.Ct. Based on the alert, the officers obtained a warrant for a search, which revealed marijuana plants; Jardines was charged with trafficking in cannabis. Technology is making it increasingly easy to access information that most of us would consider private without physically trespassing on private property. Argued October 31, 2012—Decided March 26, 2013 Police took a drug-sniffing dog to Jardines’ front porch, where the dog gave a positive alert for narcotics. After a trial court and then the Florida Supreme Court agreed, Florida petitioned and was then granted a Supreme Court review, and oral arguments were heard in October 2012. Mobile devices and apps, smart meters, and Internet histories can convey enormous amounts of information about activities both within and outside a home, all of which can potentially be accessed by third parties who never set foot in a home or its surroundings.
Next, the article will examine the Florida Supreme Court's holding in Jardines and discuss how the Florida court arrived at the conclusion that the canine sniff in that case was a search. The Court’s opinion in Jardines is narrowly crafted, focusing on the government’s physical intrusion into the constitutionally protected area immediately surrounding the home (called the “curtilage”) for the purposes of gathering evidence. At trial, Jardines claimed that the use of the drug-sniffing dog was a Fourth Amendment violation. The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v. Jardines decision of the U.S. Supreme Court. Opinions expressed by Forbes Contributors are their own.

“Yes,” Justice Kagan wrote, the officers’ actions constituted a trespass. J.L. The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. On March 26, the Supreme Court issued its decision in Florida v. Jardines, a case involving police use of a drug-sniffing dog on the front porch of a home to detect marijuana growing inside. Florida bases this argument on three prior Supreme Court cases permitting warrantless sniffs: United States v. Place, City of Indianapolis v. Edmond, and Illinois v… The majority opinion in Jardines doesn’t address this scenario. In Kyllo, the Court considered the government’s use of a thermal imager in a car on a public street to detect the interior temperature of a home.

The 5-to-4 decision in the case, Florida v. Jardines , No. Home | After the dog indicated the presence of drugs, police obtained a warrant, found marijuana in the house, and arrested Joelis Jardines. United States Supreme Court 569 U.S. 1 (2013) Facts.

“Was it also an invasion of privacy? On March 26, the Supreme Court issued its decision [PDF] in Florida v. Jardines, a case involving police use of a drug-sniffing dog on the front porch of a home to detect marijuana growing inside. See 71 So. In a 5-4 opinion delivered by Justice Scalia, the Court held that “the government’s use of trained police dogs to investigate the home and its immediate surroundings is a ‘search’ within the meaning of the Fourth Amendment.”. Abstract. This section will compare the Florida court's conclusions with Supreme Court precedent. 936 0 obj <>stream you may Download the file to your hard drive.

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