harlan logo

Write the Opinion – Florida vs. Jardines

March 14th, 2013

The Police should have had a search warrant before going to Jardines residency. The Dog sniff test method is the most accurate way of indicating drug paraphernalia but it invaded the privacy of Jardines.  According to the Forth Amendment, “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 causes, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
As a group we decided that by entering on Jardines’s property, the police officers went against the Forth Amendment which is an important part of our Constitution. An example of this case is Kyllo vs. United States in 2001. This was a similar case where the police used thermal-imaging device to check if his house was hotter than the rest. The Court explained that the use of sense-enhancing technology to obtain information about the inside of one’s home could not otherwise be obtained without physical intrusion. This would go against the Fourth Amendment. Especially when the technology being issued is not widely used by the public. This case has caused our thinking that the same would apply in favor to Jardines in the case of Florida vs. Jardines.
Another example of this issue happened in 1967 with the case of Katz vs. United Sates. Katz was using a pay-phone booth to place bets. The FBI eavesdropped on Katz’s conversation through a device attached to the outside of a phone booth. Katz was convicted based on the recordings of his conversations. The Supreme Court overturned his conviction, holding that the government’s surveillance “ violated the privacy upon which he justifiably relied”  and so was a ‘search and seizure’ under the Forth Amendment. Using both of these examples, we strengthen our conclusion that the Police whom convicted Jardines were in fact in violation of the Fourth Amendment.