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Florida v. Joelis Jardines, USSC No. 11-564, cert granted 1/6/12

Question Presented

Whether a dog sniff at the front door of a suspected grow house by a trained narcotics detection dog is a Fourth Amendment search requiring probable cause?

Scotusblog Page

Florida supreme court decision, State v. Jardines (4/14/11)

Coverage by Lyle DennistonOrin Kerr (“fun stuff for Fourth Amendment nerds”), Kent Scheidegger (“This is solid police work”), Mike Sacks (w/nice shots of Franky), Sam Cooke, Frankie and Johnny (just because, but if you need a reason: it’s a bye week).

Wisconsin caselaw takes a, well, dogmatic view that a dog sniff isn’t a “search,” within the meaning of the fourth amendment. The outcome of this cert grant won’t affect that result with respect to cars – there, the battle will continue to to be fought on the basis for the (continuing) detention, e.g., State v. Salonen, 2011 WI App 157 – but has the potential to impact residential searches. Lower court holding: “probable cause, not reasonable suspicion, is the proper evidentiary showing of wrongdoing that the government must make prior to conducting a dog ‘sniff test’ at a private residence.” Florida’s cert petition (p. 13) explicitly seeks a holding “that a dog sniff of a house is not a search.” (House. Car. What’s the difference, anyway.)

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