Jardines v. State
73 So. 3d 34
Fla.2011Background
- Florida Supreme Court reviews conflict between Jardines and Rabb and quashes Jardines, approving Rabb.
- Warrantless canine sniff at Jardines' front door led to discovery of live marijuana plants; trial court suppressed; district court reversed; Jardines sought review.
- Issue presented: whether a dog sniff at a private residence front door is a Fourth Amendment search and, if so, whether the needed evidentiary showing is probable cause or reasonable suspicion.
- Court emphasizes home’s heightened privacy and practical danger of arbitrary dog sniffs; concludes the sniff at the private residence is a search requiring probable cause.
- Court distinguishes federal dog-sniff cases (Place, Edmond, Caballes, Jacobsen) as inapplicable to home context and holds probable cause required.
- Court ultimately suppresses the evidence and adopts Rabb’s approach; quashes Jardines and approves Rabb.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the front-door dog sniff a Fourth Amendment search? | Jardines: sniff is a violation of home privacy. | Jardines: dog sniff at door not a search (Rabb rationale). | Yes; it is a search. |
| What evidentiary showing is required before a dog sniff at a private residence? | Probable cause is required to demonstrate wrongdoing. | Reasonable suspicion suffices due to minimal intrusion. | Probable cause required. |
Key Cases Cited
- Kyllo v. United States, 533 U.S. 27 (U.S. 2001) (home privacy and use of sensor tech implicate Fourth Amendment)
- United States v. Place, 462 U.S. 696 (U.S. 1983) (dog sniff of luggage not a search; sui generis intrusion)
- City of Indianapolis v. Edmond, 531 U.S. 32 (U.S. 2000) (exterior dog sniff at checkpoint not transforming seizure into search)
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (dog sniff during lawful stop reveals only contraband; not a search)
- United States v. Jacobsen, 466 U.S. 109 (U.S. 1984) (chemical test for cocaine; reveals only contraband; no privacy interest in contraband)
- United States v. Rabb, 920 So.2d 1175 (Fla. 4th DCA 2006) (certified conflict; dog sniff at private residence not allowed without probable cause)