narcotics detection dog

Issues

After receiving an anonymous tip that Joelis Jardines’ home was being used to grow marijuana, Drug Enforcement Agency (“DEA”) officers conducted a warrantless surveillance of Jardines’ home. During the surveillance, a drug detection dog sniffed the exterior of the home and alerted to a smell of marijuana at the front door. Based on this positive alert, among other indications of marijuana production, the officers were granted a search warrant. The search confirmed that the house was being used as a marijuana grow house and Jardines was charged with drug trafficking and grand theft for stealing electricity. Jardines successfully moved to suppress evidence of the dog sniff outside his home by arguing that the sniff constituted an unreasonable search under the Fourth Amendment. The Florida Third District Court of Appeal reversed and held that the canine sniff was not a Fourth Amendment search. The Florida Supreme Court ultimately reversed the appellate court’s decision and held that a dog sniff is a substantial government intrusion into the sanctity of the home and constitutes a search within the meaning of the Fourth Amendment. The State of Florida then filed a petition for a writ of certiorari with the United States Supreme Court. This decision could affect a crucial method used by DEA agents and police officers to detect and seize illegal substances and will clarify the right held by individuals such as Jardines in preventing invasions of privacy. 

Questions as Framed for the Court by the Parties

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Issues

After receiving an anonymous tip that Joelis Jardines’ home was being used to grow marijuana, Drug Enforcement Agency (“DEA”) officers conducted a warrantless surveillance of Jardines’ home. During the surveillance, a drug detection dog sniffed the exterior of the home and alerted to a smell of marijuana at the front door. Based on this positive alert, among other indications of marijuana production, the officers were granted a search warrant. The search confirmed that the house was being used as a marijuana grow house and Jardines was charged with drug trafficking and grand theft for stealing electricity. Jardines successfully moved to suppress evidence of the dog sniff outside his home by arguing that the sniff constituted an unreasonable search under the Fourth Amendment. The Florida Third District Court of Appeal reversed and held that the canine sniff was not a Fourth Amendment search. The Florida Supreme Court ultimately reversed the appellate court’s decision and held that a dog sniff is a substantial government intrusion into the sanctity of the home and constitutes a search within the meaning of the Fourth Amendment. The State of Florida then filed a petition for a writ of certiorari with the United States Supreme Court. This decision could affect a crucial method used by DEA agents and police officers to detect and seize illegal substances and will clarify the right held by individuals such as Jardines in preventing invasions of privacy. 

Questions as Framed for the Court by the Parties

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Additional Resources

After receiving an anonymous tip that Joelis Jardines’ home was being used to grow marijuana, Drug Enforcement Agency (“DEA”) officers conducted a warrantless surveillance of Jardines’ home. During the surveillance, a drug detection dog sniffed the exterior of the home and alerted to a smell of marijuana at the front door. Based on this positive alert, among other indications of marijuana production, the officers were granted a search warrant. The search confirmed that the house was being used as a marijuana grow house and Jardines was charged with drug trafficking and grand theft for stealing electricity. Jardines successfully moved to suppress evidence of the dog sniff outside his home by arguing that the sniff constituted an unreasonable search under the Fourth Amendment. The Florida Third District Court of Appeal reversed and held that the canine sniff was not a Fourth Amendment search. The Florida Supreme Court ultimately reversed the appellate court’s decision and held that a dog sniff is a substantial government intrusion into the sanctity of the home and constitutes a search within the meaning of the Fourth Amendment. The State of Florida then filed a petition for a writ of certiorari with the United States Supreme Court. This decision could affect a crucial method used by DEA agents and police officers to detect and seize illegal substances and will clarify the right held by individuals such as Jardines in preventing invasions of privacy. 

Questions as Framed for the Court by the Parties

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