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.Jardines v. Franky
I believe that Jardine will win the Supreme Court 5 to 4. The reason for this is because the police and the dog went on Jardines property and did not have a search warrant but i think that the dog was able to smell the illegal substance from the street. If the police had the evidence and warrant before hand they would win. Since now warrant was issued then Jardines will win this case. The fourth Amendment sates that you cannot come unto a property on probable cause without warrant. I also believe that the car is different, already having to be pulled over without knowing of illegal substances does give you the right to search a car but this is a house. The police only had hints that Jardines was holding an illegal substance. The dog can sniff from the street but that does not mean that a warrant should not be used. You were still contacted as a hint of drug posestion and you brought a bunch of police cars to the scene just to find some evidence.
Slippery Slope) I think that police dogs will beable to go were ever pleased if the court sides with Florida. But I do not think they should side with Jardines just because they believe this. The Supreme Court won’t allow Florida dog troups to have this much power.