florida jardines argued october decided march police took dog jardines front porch dog gave positive alert narcotics based alert officers obtained warrant search revealed marijuana plants jardines charged trafficking cannabis florida approved trial decision suppress evidence holding officers engaged fourth amendment search unsupported probable cause held investigation jardines home search within meaning fourth amendment pp government obtains information physically intruding persons houses papers effects within original meaning fourth amendment undoubtedly occurred jones pp fourth amendment core stands right man retreat home free governmental intrusion silverman area immediately surrounding associated home curtilage part home fourth amendment purposes oliver officers entered curtilage front porch classic exemplar area activity home life extends pp officers entry explicitly implicitly invited need shield eyes passing home public thoroughfares california ciraolo man set foot upon neighbour close without leave entick carrington wils eng police officer armed warrant may approach home hopes speaking occupants private citizen might kentucky king scope license limited particular area also specific purpose customary invitation enter curtilage simply conduct search pp unnecessary decide whether officers violated jardines expectation privacy katz pp affirmed scalia delivered opinion thomas ginsburg sotomayor kagan joined kagan filed concurring opinion ginsburg sotomayor joined alito filed dissenting opinion roberts kennedy breyer joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press florida petitioner joelis jardines writ certiorari florida march justice scalia delivered opinion consider whether using dog homeowner porch investigate contents home search within meaning fourth amendment detective william pedraja police department received unverified tip marijuana grown home respondent joelis jardines one month later department drug enforcement administration sent joint surveillance team jardines home detective pedraja part team watched home fifteen minutes saw vehicles driveway activity around home see inside blinds drawn detective pedraja approached jardines home accompanied detective douglas bartelt trained canine handler arrived scene dog dog trained detect scent marijuana cocaine heroin several drugs indicating presence substances particular behavioral changes recognizable handler detective bartelt dog leash owing part dog wild nature app pet cert tendency dart around erratically searching dog approached jardines front porch apparently sensed one odors trained detect began energetically exploring area strongest point source odor detective bartelt explained dog began tracking airborne odor tracking back forth engaging called bracketing back forth back forth detective bartelt gave dog full six feet leash plus whatever safe distance give testified needed give dog much distance detective pedraja stood back occurring get knocked dog spinning around trying find source sniffing base front door dog sat trained behavior upon discovering odor strongest point detective bartelt pulled dog away door returned vehicle left scene informing detective pedraja positive alert narcotics basis learned home detective pedraja applied received warrant search residence warrant executed later day jardines attempted flee arrested search revealed marijuana plants charged trafficking cannabis trial jardines moved suppress marijuana plants ground canine investigation unreasonable search trial granted motion florida third district appeal reversed petition discretionary review florida quashed decision third district appeal approved trial decision suppress holding relevant use trained narcotics dog investigate jardines home fourth amendment search unsupported probable cause rendering invalid warrant based upon information gathered search granted certiorari limited question whether officers behavior search within meaning fourth amendment ii fourth amendment provides relevant part right people secure persons houses papers effects unreasonable searches seizures shall violated amendment establishes simple baseline one much history formed exclusive basis protections government obtains information physically intruding persons houses papers effects within original meaning fourth amendment undoubtedly occurred jones slip reason decision katz property rights sole measure fourth amendment violations soldal cook county though katz may add baseline subtract anything amendment protections government engage physical intrusion constitutionally protected area knotts brennan concurring judgment principle renders case straightforward one officers gathering information area belonging jardines immediately surrounding house curtilage house held enjoys protection part home gathered information physically entering occupying area engage conduct explicitly implicitly permitted homeowner fourth amendment indicates precision places things encompassed protections persons houses papers effects oliver fourth amendment therefore prevent investigations conducted private property example officer may subject katz gather information called open fields even fields privately owned fields enumerated amendment text hester comes fourth amendment home first among equals amendment core stands right man retreat home free unreasonable governmental intrusion silverman right little practical value state agents stand home porch side garden trawl evidence impunity right retreat significantly diminished police enter man property observe repose outside front window therefore regard area immediately surrounding associated home cases call curtilage part home fourth amendment purposes oliver supra principle ancient durable roots distinction home open fields old common law hester supra identity home blackstone called curtilage homestall house protects privileges branches appurtenants blackstone commentaries laws england area around home intimately linked home physically psychologically privacy expectations heightened california ciraolo boundaries curtilage generally clearly marked conception defining curtilage rate familiar enough easily understood daily experience oliver doubt officers entered front porch classic exemplar area adjacent home activity home life extends ibid since officers investigation took place constitutionally protected area turn question whether accomplished unlicensed physical law enforcement officers need shield eyes passing home public thoroughfares ciraolo officer leave gather information sharply circumscribed steps thoroughfares enters fourth amendment protected areas permitting example visual observation home public navigable airspace careful note done physically nonintrusive manner ibid entick carrington wils eng case undoubtedly familiar every american statesman time founding boyd general rule clearly ur law holds property every man sacred man set foot upon neighbour close without leave wils eng undisputed detectives four feet four companion firmly planted constitutionally protected extension jardines home question whether given leave even implicitly license may implied habits country notwithstanding strict rule english common law entry upon close mckee gratz holmes accordingly recognized knocker front door treated invitation license attempt entry justifying ingress home solicitors hawkers peddlers kinds breard alexandria implicit license typically permits visitor approach home front path knock promptly wait briefly received absent invitation linger longer leave complying terms traditional invitation require legal knowledge generally managed without incident nation girl scouts thus police officer armed warrant may approach home knock precisely private citizen might kentucky king slip introducing trained police dog explore area around home hopes discovering incriminating evidence something else customary invitation invitation engage canine forensic investigation assuredly inhere act hanging find visitor knocking door routine even sometimes unwelcome spot visitor exploring front path metal detector marching bloodhound garden saying hello asking permission inspire us well call police scope license express implied limited particular area also specific purpose consent traffic stop officer checking anonymous tip body trunk permit officer rummage trunk narcotics background social norms invite visitor front door invite conduct state points decisions holding subjective intent officer irrelevant see ashcroft whren cases merely hold stop search objectively reasonable vitiated fact officer real reason making stop search nothing validating reason thus defendant heard complain although speeding officer real reason stop racial harassment see however question precisely whether officer conduct objectively reasonable search described depends upon whether officers implied license enter porch turn depends upon purpose entered behavior objectively reveals purpose conduct search anyone think license iii state argues investigation forensic narcotics dog definition implicate legitimate privacy interest state cites authority decisions place jacobsen illinois caballes held respectively canine inspection luggage airport chemical testing substance fallen parcel transit canine inspection automobile lawful traffic stop violate reasonable expectation privacy described katz last term considered argument much like jones held tracking automobile whereabouts using gps receiver fourth amendment search government argued katz standard show ed search occurred defendant expectation whereabouts public roads jones slip proposition least much support case law one state marshals see knotts gps receiver physically mounted defendant automobile thus intruding effects held tracking vehicle movements search person fourth amendment rights rise fall katz formulation jones supra slip katz test added substituted traditional understanding fourth amendment unnecessary consider government gains evidence physically intruding constitutionally protected areas jones supra slip thus need decide whether officers investigation jardines home violated expectation privacy katz one virtue fourth amendment baseline keeps easy cases easy officers learned learned physically intruding jardines property gather evidence enough establish search occurred related reason find irrelevant state argument echoed dissent forensic dogs commonly used police centuries argument apparently directed holding kyllo surveillance home search government uses device general public use explore details home previously unknowable without physical intrusion emphasis added implication statement inclusio unius est exclusio alterius government uses physical intrusion explore details home including curtilage antiquity tools bring along irrelevant government use trained police dogs investigate home immediate surroundings search within meaning fourth amendment judgment florida therefore affirmed ordered kagan concurring florida petitioner joelis jardines writ certiorari florida march justice kagan justice ginsburg justice sotomayor join concurring simple analogy clinches case privacy well property grounds stranger comes front door home carrying binoculars see ante knock say hello instead stands porch uses binoculars peer windows home furthest corners take long binoculars really fine couple minutes uncommon behavior allows learn details life disclose one visitor trespassed property exceeding license granted members public say drop mail distribute campaign flyers yes also invaded reasonable expectation privacy nosing intimacies sensibly thought protected disclosure katz harlan concurring yes course done case case every way matters police officers came joelis jardines door instrument deployed detect things inside perceive unassisted used animal mineral contra dissent see post opinion alito noting ubiquity dogs american households significance determining whether search occurred detective bartelt dog neighbor pet come porch leisurely stroll discussed earlier term dogs highly trained tools law enforcement geared respond distinctive ways specific scents convey clear reliable information human partners see florida harris slip op poodle street binoculars piece plain glass like binoculars dog specialized device discovering objects plain view plain smell hypothetical device aimed home private inviolate expect places things fourth amendment protects activity trespass yes holds also invasion privacy yes well today treats case property rubric write separately note happily decided looking jardines privacy interests decision along lines looked well much like one talked right man retreat home free unreasonable governmental intrusion ante quoting silverman insisted maintaining practical value right preventing police officers standing adjacent space trawl ing evidence impunity ante explained expectations home surrounding area ante quoting california ciraolo determined police officers invade shared expectations use trained canine assistants reveal within confines home otherwise found see ante nn surprising case involving search home property concepts privacy concepts align law property naturally enough influence shared social expectations places free governmental incursions georgia randolph see rakas illinois sentiment home originating property law also denotes common understanding extending even beyond law formal protections especially private sphere jardines home property also intimate familiar space analysis proceeding facts today decision reveals runs mostly along path think one divergence decided case privacy grounds realized kyllo already resolved kyllo held police officers conducted search used device detect heat emanating private home even though committed trespass highlighting intention draw firm bright line entrance house announced following rule government uses device general public use explore details home previously unknowable without physical intrusion surveillance presumptively unreasonable without warrant ibid firm bright rule governs case police officers conducted search used device general public use trained dog explore details home presence certain substances otherwise discovered without entering premises dissent argument device dog change equation kyllo made clear tool issue may crude sophisticated may old new dogs actually go back years centuries post decades may either smaller bigger breadbox still least device general public use training home violates minimal expectation privacy expectation exists acknowledged reasonable mean device dissent implies see post means police officers use examine home without warrant exigent circumstance see brigham city stuart describing exigencies allowing warrantless search home thoughts suggesting focus jardines privacy interests make easy cas easy twice ante join opinion full alito dissenting florida petitioner joelis jardines writ certiorari florida march justice alito chief justice tice kennedy justice breyer join dissenting decision important fourth amendment case based putative rule trespass law nowhere found annals jurisprudence law trespass generally gives members public license use walkway approach front door house remain brief time license limited persons intend speak occupant actually mail carriers persons delivering packages flyers examples individuals may lawfully approach front door without intending converse license restricted categories visitors occupant dwelling likely welcome acknowledges license applies even solicitors hawkers peddlers kinds ante internal quotation marks omitted license even extends police officers wish gather evidence occupant asking potentially incriminating questions according however police officer case detective bartelt committed trespass accompanied otherwise lawful visit front door respondent house dog franky authority evidencing rule dogs domesticated years ubiquitous country britain time adoption fourth amendment acute sense smell used law enforcement yet unable find single case nation supports rule decision based thus trespass law provides support holding today decision also inconsistent test adopted katz reasonable person understands odors emanating house may detected locations open public reasonable person count strength odors remaining within range detectible dog smelled human reasons hold search within meaning fourth amendment took place case reverse decision opinion may leave reader mistaken impression detective bartelt franky remained respondent property prolonged period time conducted exploration front yard see ante trawl evidence impunity marching bloodhound garden happened detective bartelt franky approached front door via driveway paved path route visitor customarily franky kind leash dog owner might franky approached door started track airborne odor held head high began bracketing area pacing back forth order determine strongest source smell app detective bartelt knew minute observed behavior franky detected drugs upon locating odor strongest source franky sat base front door point detective bartelt franky immediately returned patrol car critical fact omits respondent counsel explained oral argument entire process walking driveway front path front door waiting franky find strongest source odor walking back car took approximately minute two tr oral arg thus amount time franky detective remained front porch even less also fails mention detective bartelt apparently personally smell odor marijuana coming house another officer subsequently stood front porch detective pedraja notice smell able identify app ii concludes conduct case search detective bartelt exceeded boundaries license approach house recognized law trespass interpretation scope license unfounded said members public may lawfully proceed along walkway leading front door house custom grants license breard alexandria lakin ames mass bishop commentaries law rule encompasses categories visitors homeowners almost certainly wish allow approach front doors friends relatives mail carriers persons making deliveries also reaches categories visitors less universally welcome solicitors hawkers peddlers like law might attempt draw fine lines categories welcome unwelcome visitors distinguishing example tolerable intolerable peddlers girl scouts selling cookies versus adults selling aluminum siding police officers agreeable disagreeable missions gathering information bothersome neighbor versus asking potentially incriminating questions law trespass attempted difficult taxonomy see desnick american broadcasting onsent entry often given legal effect even though entrant intentions known owner property cause perfectly understandable generally ethical least lawful reasons revoke consent cf skinner ogallala public school neb order determine business invitation implied inquiry subjective assessment visitor chose visit premises particular instance crown cork seal kane md noting many cases invitation implied circumstances custom test objective stresses custom appearance things opposed undisclosed intention visitor course license certain spatial temporal limits visitor must stick path typically used approach front door paved walkway visitor traipse garden meander backyard take circuitous detours veer pathway visitor customarily use see robinson virginia app en banc wells police exceeded scope implied invitation bypassed front door proceeded directly back yard state harris crim app substantial unreasonable departure area public impliedly invited exceeds scope implied invitation internal quotation marks brackets omitted lafave search seizure hereinafter lafave hen police come private property conduct investigation legitimate purpose restrict movements places visitors expected go walkways driveways porches observations made vantage points covered fourth amendment footnotes omitted general matter may visitor come front door middle night without express invitation see state cada idaho app furtive intrusion late night predawn hours conduct expected ordinary visitors indeed observed resident premises cause great alarm similarly visitor may linger front door extended period see app case cope concurring part dissenting part thing squatter rights front porch stranger may plop uninvited spend afternoon front porch rocking chair throw sleeping bag spend night lurk front porch looking windows license limited amount time customarily take approach door pause long enough see someone home expressly invited stay longer leave understand law trespass scope implied license visitor adheres limitations necessarily required ring doorbell knock door attempt speak occupant example mail carriers persons making deliveries individuals distributing flyers may leave items carrying depart without making attempt converse pedestrian motorist looking particular address may walk front door order check house number hard see sidewalk road neighbor knows residents away may approach door retrieve accumulation newspapers might signal potential burglar house unoccupied majority acknowledges implied license approach front door extends police see ante recognized kentucky king police officers engage search approach front door residence seek engage termed knock talk knocking door seeking speak occupant purpose gathering evidence see slip law enforcement officers armed warrant knock door private citizen might see also lafave objectionable officer come upon part property opened public common use internal quotation marks omitted even objective knock talk obtain evidence lead homeowner arrest prosecution license approach still applies words gathering evidence even damning evidence lawful activity falls within scope license approach officers walk front door house permitted see hear smell whatever detected lawful vantage point california ciraolo fourth amendment protection home never extended require law enforcement officers shield eyes passing home public thoroughfares cada supra olice officers restricting activity areas public impliedly invited permitted intrusion level observation expected reasonably respectful citizen internal quotation marks omitted lafave detective bartelt exceed scope license approach respondent front door adhered customary path approach middle night remained front door short period less minute two concludes detective bartelt went far objectiv purpose conduct search ante emphasis added means take anyone aware detective bartelt infer subjective purpose gather evidence point standard knock talk police visits likewise constitute searches exception visits serve warrants civil process police almost always approach homes purpose discovering information certainly objective knock talk offers meaningful way distinguishing objective purpose knock talk objective purpose detective bartelt conduct contends knock talk different involves talking invited ante emphasis deleted police officer approaches front door house accordance limitations already discussed may gather evidence means talking officer may observe items plain view smell odors coming house ciraolo supra cada idaho lafave objective purpose argument stand must fall back particular instrument detective bartelt used detect odor marijuana namely dog entire body decisions found single case holding visitor front door home commits trespass visitor accompanied dog leash contrary common law allowed even unleashed dogs wander private property without committing trespass williams liability animals ingham treatise property animals wild domestic rights responsibilities arising therefrom cf markesinis deakin tort law ed responds dog problem behavior involved use dog ante support law trespass proposition dogs keen sense smell used law enforcement centuries antiquity practice evidenced scottish law made crime disturb tracking dog men coming pursuing thieves seizing malefactors brown et records parliaments scotland st andrews online http bringing tracking dog front door home constituted trespass one expect least one case arisen past years found none reasons real law trespass provides support holding today claims reasoning ancient durable roots ante trespass rule really newly struck counterfeit iii concurring opinion attempts provide alternative ground today decision namely detective bartelt conduct violated respondent reasonable expectations privacy already rejected similar identical argument see illinois caballes event see basis concluding occupants dwelling reasonable expectation privacy odors emanate dwelling reach spots members public may lawfully stand clear occupant house reasonable expectation privacy respect odors smelled human beings standing places see johns officers came closer detected distinct odor marihuana probable cause believe vehicles contained contraband ventresca scent fermenting mash supported probable cause warrant johnston reasonable expectation privacy drug agents inquisitive nostrils draw line odors smelled humans detectible dogs consider situation point view occupant building marijuana grown methamphetamine manufactured occupant reason follows know odors may emanate building atmospheric conditions force direction wind may affect strength odors reach spot members public may lawfully stand also know people much acute sense smell idea might standing one spots question odors house reach location addition know odors coming building reach locations may strong enough detected dog confident faint smelled human finely tuned expectation entirely unrealistic see evidence society prepared recognize reasonable attempt show respondent reasonable expectation privacy odor marijuana wafting house concurrence argues case like kyllo held police officers conducted search used thermal imaging device detect heat emanating house ante opinion kagan however already rejected argument use dog use thermal imaging device see caballes argument advanced concurrence appears justice souter caballes dissent see persuaded contrary interpretation propounded concurrence kyllo best understood decision use new technology kyllo focused fact thermal imaging device form technology general public use expressed concern citizens mercy advancing technology use restricted dog however new form technology device noted use dogs acute sense smell law enforcement dates back many centuries concurrence suggests decision much like actual decision simply holding based sees intrusion constitutionally protected area ante quoting knotts brennan concurring judgment result apply dog alerts public sidewalk street corridor building dog handler lawfully admitted concurrence approach much wider reach police used thermal imaging device kyllo public street committed trespass ante therefore dog nose like thermal imaging device fourth amendment purposes search occur dog alerted public sidewalk corridor apartment building true dog trained sniff marijuana dangerous quarry explosives violent fugitive kidnaped child see ground hampering legitimate law enforcement way iv conduct police officer case constitute trespass violate respondent reasonable expectations privacy hold conduct search therefore respectfully dissent footnotes oral argument state amicus solicitor general argued jardines conceded lower courts officers right misstates record jardines conceded nothing unsurprising proposition officers lawfully approached home knock front door hopes speaking course much dissent seems agree inquire appearance things post opinion alito typica visitor might cause alarm resident premises expected ordinary visitors expected respectful citizen post good questions answers incompatible dissent outcome presumably dissent even try argue customary usual reasonable respectful ordinary typical nonalarming stranger explore curtilage home trained drug dogs dissent insists argument must rest upon particular instrument detective bartelt used detect odor marijuana dog post dog problem behavior involved use dog think typical person find cause great kind reaction dissent quite rightly relies upon justify rule post find stranger snooping front porch without dog dissent let police whatever want way gathering evidence long stay use baseball analogy long stick path typically used approach front door paved walkway ibid vantage point presumably peer house binoculars impunity law even state concedes see tr oral arg dissent argues citing king gathering evidence even damning evidence lawful activity falls within scope license approach post false generalization king establishes fourth amendment search approach home order speak occupant invited mere purpose discovering information post course engaging permitted conduct cause violate fourth amendment one impliedly invited enter protected premises home order nothing conduct search footnotes dissent claims alternatively illinois caballes controls case nearly see post caballes concerned dog sniff automobile traffic stop see also florida harris held people expectations privacy much lower cars homes see arizona gant wyoming houghton new york class cardwell lewis plurality opinion dissent principal reason concluding violation privacy occurred case police officers might detect aroma wafting house works better officers smell drugs coming house use information human sniff search agree follow person loses expectation privacy many scents within home nose capably tells usually detectible humans standing outside indeed kyllo already decided much response identical argument dissent case see stevens dissenting noting humans sometimes detect heat emanating building kyllo stated dissent comparison thermal imaging various circumstances outside observers might able perceive without technology heat home quite irrelevant fact equivalent information sometimes obtained means make lawful use means violate fourth amendment event time question outside observer discerned relative heat kyllo home without thermal imaging footnotes see sloane dogs war police work patrol crim hereinafter sloane derr dog history america olsen daily life england sloane see app app brief respondent depiction respondent home notes franky leash leash standard equipment ordinary dog owners see stregowski four dog leash varieties http internet materials visited mar available clerk case file humans naturally much acute sense smell others humans trained detect distinguish odors detected without training see hancock primer smell http individuals employed perfume wine industries example amazingly acute sense smell ibid