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Florida v. Jardines

Docket No.11-564
Op. BelowFla. S. Ct.
ArgumentOct 31, 2012
Vote5-4
AuthorAntonin Scalia
OpinionMar 26, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

A dog sniff at the front door of a house where the police suspected drugs were being grown constitutes a search for purposes of the Fourth Amendment.

Judgment

Affirmed, 5-4, in an opinion by Antonin Scalia on Mar 26, 2013. Justice Kagan filed a concurring opinion in which Justice Ginsburg and Justice Sotomayor joined. Justice Alito filed a dissenting opinion in which Chief Justice Roberts, Justice Kennedy, and Justice Breyer joined.

Holding: A dog sniff at the front door of a house where the police suspected drugs were being grown constitutes a search for purposes of the Fourth Amendment.

Judgment:”Affirmed, 5-4, in an opinion by Justice Scalia on March 26, 2013. Justice Kagan filed a concurring opinion in which Justice Ginsburg and Justice Sotomayor joined. Justice Alito filed a dissenting opinion in which Chief Justice Roberts, Justice Kennedy, and Justice Breyer joined.

Proceedings & orders timeline

Sep 26, 2011
Application (11A348) to extend the time to file a petition for a writ of certiorari from October 5, 2011 to October 27, 2011, submitted to Justice Thomas.
Oct 5, 2011
Application (11A348) granted by Justice Thomas extending the time to file until October 27, 2011.
Oct 26, 2011
Petition for a writ of certiorari filed. (Response due December 5, 2011)
Oct 26, 2011
Appendix of Florida filed.
Dec 2, 2011
Brief of respondent Joelis Jardines in opposition filed.
Dec 2, 2011
Motion for leave to proceed in forma pauperis filed by respondent.
Dec 5, 2011
Brief amici curiae of Texas, et al. filed.
Dec 14, 2011
DISTRIBUTED for Conference of January 6, 2012.
Dec 15, 2011
Reply of petitioner Florida filed. (Distributed)
Jan 6, 2012
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 6, 2012
Petition GRANTED limited to Question 1 presented by the petition.
Jan 23, 2012
Brief amicus curiae of Wayne County, Michigan filed.
Feb 17, 2012
The time to file the joint appendix and petitioner's brief on the merits is extended to and including March 22, 2012.
Mar 21, 2012
The time to file the joint appendix and petitioner's brief on the merits is further extended to and including April 26, 2012.
Apr 26, 2012
Joint appendix filed. (Statement of costs filed)
Apr 26, 2012
Brief of petitioner Florida filed.
Apr 27, 2012
Brief amici curiae of National Police Canine Association and Police K-9 Magazine filed.
May 3, 2012
Brief amicus curiae of the United States filed.
May 3, 2012
Brief amici curiae of Texas, et al. filed.
May 11, 2012
The time to file respondent's brief on the merits is extended to and including June 25, 2012.
Jun 25, 2012
Brief of respondent Joelis Jardines filed.
Jul 2, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jul 2, 2012
Brief amicus curiae of Cato Institute filed.
Jul 2, 2012
Brief amici curiae of Fourth Amendment Scholars filed.
Jul 2, 2012
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Jul 2, 2012
Brief amicus curiae of Rutherford Institute filed.
Jul 16, 2012
Application (12A54) to extend the time to file a reply brief on the merits from July 25, 2012 to August 9, 2012, submitted to Justice Thomas.
Jul 18, 2012
Application (12A54) denied by Justice Thomas.
Jul 23, 2012
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jul 23, 2012
SET FOR ARGUMENT ON Wednesday, October 31, 2012
Jul 25, 2012
Reply of petitioner Florida filed. (Distributed)
Aug 2, 2012
CIRCULATED
Aug 22, 2012
Record received from Supreme Court of Florida. (1box)
Oct 31, 2012
Argued. For petitioner: Gregory G. Garre, Washington, D. C.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Howard K. Blumberg, Assistant Public Defender, Miami, Fla.
Mar 26, 2013
Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Kennedy and Breyer, JJ., joined.
Apr 29, 2013
MANDATE ISSUED.
Jun 3, 2013
Record returned to Supreme Court of Florida.

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