harlan logo
Slippery Slope? Constitutional Law Badge. Florida v. Jardines

If the Court rules in favor of Florida, will police be free to conduct “sniff tests” on any person in public, or outside any building, at any time and for any reason?  No, the police should always have a suspicion about a private area before checking it with a warrant.  If the area is public the police should be able to check the area including someones yard but only if there is a suspicion of drug use in the house or around the area, people that pass by the house can see the yard making it public to the people and can lead to complaints.  The inside of a house is area that is private to the owner and will need to have a warrant to be checked out.  Doing a sniff test on someone in public for any reason is a little different, a person is private and should not need to be checked for any reason just because they are in a public area.  There should always be a suspicion before checking someone that is in public.