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Floridav.Jardines

CourtSupreme Court of the United States
Docket No.11-564
DecidedMarch 26, 2013
Reporter569 U.S.
JudgesSupreme Court of the United States
Tags
CriminalCriminal ProcedureConstitutional LawFourth AmendmentSearch and SeizureWarrantless SearchSearch WarrantDissent
Case Summary

Florida police took a trained drug-detection dog onto Joelis Jardines’s front porch, where the dog alerted to odors associated with drugs. Officers then obtained a warrant, searched the home, and found marijuana. The Florida Supreme Court held that the dog investigation was a Fourth Amendment search unsupported by probable cause and invalidated the resulting warrant. The U.S. Supreme Court affirmed. The Court reasoned that a front porch is part of the home’s protected curtilage, and the ordinary social license to approach a front door extends only to conduct customarily permitted for a visitor. It does not authorize bringing a forensic instrument onto the property to search for evidence. Because the officers physically intruded on the curtilage to obtain information about the home that they otherwise could not have obtained, their conduct was a search. The Court did not need to decide whether the same conduct violated Jardines’s reasonable expectation of privacy. Justice Kagan concurred, while Justice Alito dissented. The judgment was affirmed.

Opinion

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