Florida v. Jardines: Bringing a Drug Dog to the Front Porch Is a Search

Today, most Supreme Court watchers are focused on the oral argument in the same-sex marriage cases. But the Court also released an important opinion in Florida v. Jardines, ruling that an officer conducts a Fourth Amendment search when he brings a drug dog onto the porch of a house to sniff the front door. Jardines is the second drug dog case of the Term, following Florida v. Harris, which I discussed here. Facts. A Miami officer received a tip that marijuana was being grown in a specific residence. A “surveillance team” subsequently went to the residence. The officers saw no activity, so two, plus a drug dog named Franky, approached the house using the driveway and a paved path. As the dog neared the front porch, he began to “track” back and forth, apparently detecting the smell of drugs. He ultimately alerted at the base of the front door. After a minute or so, the officers left, then obtained a search warrant based on the alert. During the ensuing search, they found marijuana plants. The defendant was present at the scene, and he was arrested and charged with drug trafficking. The defendant moved to suppress, arguing “that the canine investigation was an unreasonable search.” The trial court agreed, the Florida appeallate courts split, and the case made its way to the Supreme Court. Majority opinion. The Court divided 5-4, with Justice Scalia writing the majority opinion and ruling for the defendant. Justice Scalia based his reasoning on the “physical intrusion” theory [...]