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The Decision

November 4th, 2012

In the case Florida v. Jardines, Jardines claims that the state is violating his fourth amendment when they searched his home without a warrant. The Fourth Amendment is part of the Bill of Rights which guards against unreasonable searches, along with requiring a warrant supported by a probable cause.  In November of 2006, the Maiami- Dade Police Department received information that Jardines was growing marijuana inside his home. Without a warrant, the police brought a dog to Jardines house in order to conduct a sniff test. The dog gave a signal saying that there was marijuana inside the house. The police then applied for and received a search warrant. When searching the home they found out that Jardines had in fact been growing marijuana inside. Jardines was then arrested.  This case was kind of like Kyllo v. United States when the police used a thermal -imaging device in order to see if Kyllo was using his home to grow marijuana. The court held that the use of the thermal – imaging device was against the fourth amendment, because of how the information was obtained. United States v. Place  was another case when a dog sniffed  and air traveler’s luggage.
The court rules with respondent Jardines. It is unlawful for the state to search a home without a probable cause. They need to get a warrant before they go and search other peoples home without their knowledge. It is like in the case Katz v. United States when Charles Katz used a public pay-phone to place bets, and the FBI eavesdropped on his conversation without his knowledge. Florida searched Jardines home without a warrant.