U.S. Supreme Court
Search and Seizure — drug-sniffing dogs
Taking a drug-sniffing dog onto a citizen’s front porch is a search under the Fourth Amendment.
The officers’ entry was not explicitly or implicitly invited. Officers need not “shield their eyes” when passing by a home “on public thoroughfares,” California v. Ciraolo, 476 U. S. 207, 213, but “no man can set his foot upon his neighbour’s close without his leave,” Entick v. Carrington, 2 Wils. K. B. 275, 291, 95 Eng. Rep. 807, 817. A police officer not armed with a warrant may approach a home in hopes of speaking to its occupants, because that is “no more than any private citizen might do.” Kentucky v. King, 563 U. S. ___, ___. But the scope of a license is limited not only to a particular area but also to a specific purpose, and there is no customary invitation to enter the curtilage simply to conduct a search.
73 So. 3d 34, affirmed.
Scalia, J.; Kagan, J., concurring; Alito, J., dissenting.