Drug-Sniffing Dog on Front Steps Is a “Search”

Today, before hearing oral argument in Hollingsworth v. Perry, the Supreme Court decided Florida v. Jardines.  Splitting 5-4 the Court held that when police brought a drug-sniffing dog onto a homeowner’s front porch it did constitute a “search” for purposes of the Fourth Amendment.  Orin may have more to say on the merits.  Of immediate interest, however, is the lineup.  Justice Scalia wrote for the majority, joined by Justices Thomas, Ginsburg, Sotomayor and Kagan.  Justice Alito dissented, joined by the Chief Justice, and Justices Kennedy and Breyer.  Justice Kagan also filed a concurring opinion joined by Justices GInsburg and Sotomayor.