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Florida v. Jardines – What is the opinion badge?

December 12th, 2012

Florida v. Jardines: Judicial Opinion Formative (15 points)

As a result of the oral argument, our class Supreme Court Justices reversed the decision of the Florida Supreme Court in the case of Florida v. Jardines and held that probable cause/a warrant was not required for a sniff test in THIS situation because Jardines had violated his right to privacy by emitting the odor of marijuana out of his house into the public sphere where anyone could detect it. Furthermore, the sniff test was constitutional because probable cause was established by other factors such as the anonymous tip and the fact that the air conditioner was consistently running.
Directions: Decide whether or not you agree with the ruling of the Justices and/or their reasoning. You must write a majority, concurring, or dissenting opinion for the case. Make sure your opinion:

  • Clearly states whether a “sniff test” performed by a drug dog at a house that may grow drugs is a Fourth Amendment search requiring probable cause. (4 points)
  • Provides a strong legal and constitutional argument to support your opinion. Be sure to:
    • Reference the text and meaning of the Fourth Amendment. (5 points)
    • Reference AT LEAST THREE of the cases in the relevant precedents section (on the back of the arguments T-chart) to support your opinion.  (6 points)