Jane Yakowitz has posted an interesting study and analysis of smells detected by dogs as related to privacy/segmentation concepts in American law.
In Florida v. Jardines, the U.S. Supreme Court will determine whether the sniff of a trained narcotics dog at the front door of a personâ€™s home constitutes a Fourth Amendment search. This is very exciting for privacy scholars because it presents two possible shifts in Fourth Amendment jurisprudence. First, the court might further expand Justice Scaliaâ€™s â€œmagical placesâ€ rationale to reinforce that the home is a formidable privacy fortress, protecting all information from the detection of government agents unless that information happens to be visible to the human eye.
The second possibility â€” the one I root for â€” is that the court may choose to reopen the holding and reasoning of the previous dog sniff cases, Place and Caballes (which determined that dog sniffs conducted on a car and on luggage did not constitute a search.)