SCOTUS Sniffs Out Fourth Amendment Issue

Amidst all the excitement of the same-sex marriage arguments, SCOTUS on Tuesday issued another drug-sniffing dog decision. Last month in Florida v. Harris, the Justices approved use of a drug-sniffing dog to find probable cause for a vehicle search, but in the new case Florida v. Jardines, in an opinion by Justice Scalia, the Court rejected warrantless use of a drug-sniffing dog at the curtilage of a home to support a warrant for an interior search of the home. The problem is not the dog itself, but that use of the dog constitutes a search and therefore intrudes on the residents Fourth Amendment rights. And, by the way, as noted on this blog, when Jardines was argued, while police need a warrant under these circumstances, Girl Scouts selling cookies are free to approach a residence without fear of running afoul of the Fourth Amendment . . .