Is a Dog Sniffing for Drugs Outside a Home a Search Prohibited by the Fourth Amendment? This episode explores whether a drug-sniffing dog's presence outside a home constitutes an unreasonable search under the Fourth Amendment, drawing heavily on the Supreme Court case Florida v. Jardines. Supreme Court Justice Antonin Scalia finds that it is a search and a violation of the Fourth Amendment when police obtain evidence by allowing a trained dog to physically enter and occupy an area outside a home in which permission has not been obtained from the home owner. Supreme Court Justice Samuel Anthony Alito disagrees that there was a trespass here or that the dog sniff could be considered an invasion of any reasonable expectation of privacy, given that one can expect that odors will float outside of a house.

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