Document Type

Article

Publication Title

New York University Journal of Law & Liberty

Publication Date

2013

Abstract

The purpose of this article is to examine the controversy regarding the application of the contraband exception to the home and the potential impact of the Florida v. Jardines decision of the U.S. Supreme Court. The article will begin by examining the cases that make up the Supreme Court's contraband exception and some of the Court's precedent regarding the home and warrantless searches. Next, the article will examine the Florida Supreme Court's holding in Jardines and discuss how the Florida court arrived at the conclusion that the canine sniff in that case was a search. This section will compare the Florida court's conclusions with Supreme Court precedent. Finally, the article will examine the three most probable results of the Jardines decision and advocate for the Court's rejection of warrantless canine sniffs of the home.

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