On October 31, 2012, the Supreme Court heard oral argument in Florida v. Jardines and Florida v. Harris. Both cases involve police dogs that are trained to detect illegal narcotics. Florida v. Jardines considers whether taking such a dog to smell the exterior of a house where police suspect marijuana is being grown constitutes a search under Fourth Amendment requiring probable cause. The question in Florida v. Harris is whether a narcotics detection dog’s “alert” constitutes probable cause for the search of a private vehicle.
To discuss the case, we have Elina Treyger, who is an assistant professor at George Mason University School of Law.