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Florida v. Jardines

November 4th, 2012

After suspicion of Marijuana in Jardines house, without a warrant, a drug detection dog was brought to Jardines house. The drug dogs handler conducted a sniff test on Jardines front porch, once the drug dog made a signal, this alerted the police that Jardines did have marijuana inside his house. The police then got a search warrant, and with the search of the house, the police were able to confirmed the growth of marijuana in Jardines household. Jardines argued that this goes against his Fourth Amendment. But the Fourth Amendment states the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendments protects people from unreasonable searches in their house. The fourth Amendment does not state police officials cannot go on the front porch. In United States v. Place an air travelers luggage was subjected to a sniff test. The Court decided this was not a Fourth Amendment search, because these dogs only searched for the presence of illegal narcotics. In Indianapolis v. Edmond, Edmond found that the use of a drug dog at a highway-checkpoint programs went against his Fourth Amendments, but the court ruled with Indianapolis that it did not. Also in Illinois v. Caballes, Caballes was pulled over for speeding, in which another police came to help. The second cop came with a drug dog, and the drug dog sniff something coming from Caballes car. Marijuana was found in the trunk of Caballes car and he was arrested. He argues that this went against his Fourth Amendment, but the court ruled that it did not because a dogs sniffs reveals only the presences of contraband. These courts show that to a certain degree, officials are able to search without a warrant. Because the drug dog was on the front porch of Jardines house and not inside his actual house, this does not go against his Fourth Amendment rights.