Some Thoughts On Florida v. Jardines

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2 Responses

  1. Joe says:

    As to #1, what are we talking about? Say there is an apartment complex. The floor has six apartments. The dog being on the other side of the floor or right outside a certain door to me isn’t necessarily the same thing.

    Also, Kyollo was concerned about inside the home. Wouldn’t the inside of an apartment (or brownstone) matter too?

    Finally, I think the votes might be different if the dog was there for a span of time (Alito referenced this). Police waiting a few hours outside an apartment or brownstone might be more of a problem using the approach in Alito’s concurrence in Jones.

  2. Ryan Calo says:

    Orin Kerr makes an interesting point ( the majority opinion does not use the word “trespass” but refers instead to “intrusion.” Deliberate? An accident? Because Justice Scalia just last term wrote Jones. And seven Justices (in concurrence and dissent) use the word repeatedly. Not sure what to make of it.