Florida: Canine Sniff Requires Probable Cause

Law enforcement officers are required to have probable cause to justify having a narcotics-detection dog sniff the threshold of a residence, according to the Florida Supreme Court. The Court’s ruling resolved a conflict in the state by distinguishing a dog’s sniff of luggage and packages, which are minimally intrusive, from a sniff of homes, which warrants Fourth Amendment protection. The Court concluded that a sniff test is a “substantial government intrusion” into the sanctity of the home and constitutes a “search” within the meaning of the Fourth Amendment. Moreover, it constitutes an intrusive procedure that may expose the resident to “public opprobrium, humiliation, and embarrassment.” Probable cause, not reasonable suspicion, is the proper evidentiary showing in order to make a residence dog sniff reasonable, the Court held. Jardines v State, Fla (#SC08-2101, 4-14-11); full text at http://pub.bna.com/cl/sc082101.pdf.