The defendant asked the Florida Supreme Court for review and the trial court ruling granting the motion to suppress was reinstated. The State of Florida sought review in the U.S. Supreme Court. Oral arguments were heard by the Supreme Court last October. Long time Assistant Public Defender Howard Blumberg argued against the legality of the dog sniff.
The Supreme Court held that since the officers discovered marijuana was being grown in the home only after “physically intruding on Jardines’ property to gather evidence,” the dog sniff search was unconstitutional in the absence of a warrant.