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Harlan Institute » Amicus Brief Badge (150 points)
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Unlawful Search

November 4th, 2012

I am writing this Amicus Brief on behalf of the respondent. The manner in which Mr. Jardines was discovered to have marijuana in his possession is unconstitutional. By searching his home without a warrant is a clear violation of his fourth amendment rights. As the Court ruled in Katz v. United States (1967)  “any government activity that infringes a person’s reasonable expectation of privacy is unconstitutional unless the police obtain a search warrant based on a showing of probable cause.” Everyone is entitled to a certain amount of privacy, especially in one’s own home. Mr. Jardines was not allotted his fair amount of privacy, but was unconstitutionally searched without a warrant. In precedents in which the Court ruled that a search was constitutional, none of the people who were searched were at home. For this reason, such precedents should not be relevant.  Should the Court rule in favor of the petition, it would allow for the police to use drug-detection dogs on any person in public, or outside any building, at any time and for any reason. This can not be permitted as there would be a countless number of cases of someone claiming to have had their fourth amendment rights violated.