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''Florida v. Jardines'', , is a decision by the United States Supreme Court which held that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a "search" within the meaning of the Fourth Amendment to the United States Constitution, and therefore, without consent, requires both probable cause and a search warrant. In 2006, police in Miami, Florida received an anonymous tip that a home was being used as a marijuana grow house. They led a drug-sniffing police dog to the front door of the home, and the dog alerted at the front door to the scent of contraband. A search warrant was issued, which led to the arrest of the homeowner. Twenty-seven U.S. states and the Federal government, among others, had supported Florida's argument that this use of a police dog was an acceptable form of minimally invasive warrantless search.〔〔 In a 5-4 decision, the Court disagreed, despite three previous cases in which the Court had held that a dog sniff was ''not'' a search when deployed against luggage at an airport, against vehicles in a drug interdiction checkpoint, and against vehicles during routine traffic stops. The Court made clear by this ruling that it considers the deployment of a police dog at the front door of a private residence to be another matter altogether. == Background == On November 3, 2006, an anonymous, unverified tip was given to the Miami-Dade Police Department through its "crime stoppers" tip-line, indicating that the residence of Joelis Jardines was being used as a marijuana grow house. About a month later, on December 6, 2006, two detectives and a drug-detection dog approached the residence, while other officers of the Miami-Dade Police Department established perimeter positions around the residence, with agents of the Drug Enforcement Administration (DEA) in stand-by positions as backup units. As summarized by the written opinion of the Florida Third District Court of Appeal: While the Miami-Dade narcotics detective was away from the scene in order to secure the search warrant, Federal DEA agents remained behind to maintain surveillance of Jardines' home. The search warrant was secured about an hour later, and was executed by officers from both agencies. The defendant was apprehended by a DEA agent as he attempted to flee through the rear door of the residence. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Florida v. Jardines」の詳細全文を読む スポンサード リンク
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