Comment Long time lurker, first time commenter (Score 1) 451
I've been coming to Slashdot for over 10 years, and this posting was what made me create an account so I could comment.
I'm a criminal justice major in my final semester at SVSU in Michigan. I had the pleasure of taking a course called Criminal Procedure taught by Michigan Appellate Court Judge Stephen Borrello a little over a year ago. We discussed Florida v. Jardines at great length in his class, since he had sat on the bench for a near identical case in Michigan called People v. Jeffrey Jones (2008). The appellate court ruled 2-1 in favor of the state in 'Jones' and Judge Borrello was the lone dissenting opinion. Judge Borrello gave us his decision and tasked us with determining his thought process for dissenting in an essay. I argued in agreement with his logic that a sniff test outside of a door is a "search" and therefore necessitates a warrant. Judge Borrello (and I) believed that since the dog was 'breaking the plane' of the door threshold that it was in essence a search. He believed, unlike his fellow judges, that Kyllo was applicable because police were still using an extra-sensory method to "access" the house (the dog). The other two judges argued that since a dog can only confirm or deny the existence of a narcotic they are not doing a "search," and since there is no implicit right to privacy pertaining to contraband the police were justified in their actions. He told us in that class that he believed Florida v. Jardines could very well go to the Supreme Court and its pretty cool to see that he was right. I'll be following this decision closely as I find it has far reaching ramifications. I'm well aware the following is a slippery slope argument, but I'm going to make it anyway as it's the same one I made in his class: If police have the power to walk a dog up to your door, what's to stop them from walking a dog up to every door on every block? The home is one's sanctuary free from government intrusion, that's how the 4th amendment was intended, and I think that's how it should be.