Supreme Court Hands Down Florida v. Jardines

This morning the Supreme Court handed down Florida v. Jardines, the case on use of a drug-sniffing dog at a suspect’s front porch to sniff around for narcotics inside. Held, in a 5-4 decision by Justice Scalia: Entry onto the porch was an unconstitutional search because it was a physical intrusion into the curtilage around the home under Jones that was beyond the scope of any implied consent. In light of my Supreme Court Review article on how there was no “trespass test” before Katz, I was particularly interested to see that the majority’s application of Jones does not use the word “trespass.” Instead, the Court refers to the Jones test as a test of “physical intrusion.”