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Essay / Case Study Florida V. Jardines - 1102
Jardines (2013) is important because it places more limits on police officers, as they must now consider the porch as part of the house and individuals have "the right to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue except upon probable cause. This means officers cannot stand on the front porch of a home without a warrant and engage in investigation-type activities. If they do so, it will be a violation of the individual's Fourth Amendment and could allow a criminal to go free. Therefore, officers need to be more aware of the consequences that such activity may bring. It may also call into question the practice of some officers heading to the back door if no one answers the front door. It is reasonable to believe that going around someone's house and crossing their backyard to get to their back door would also constitute a physical trespass leading to the same result as above (criminals going free). This is also a major development for the rights of physical trespass protected by the Fourth Amendment. Scalia expanded the scope of what a physical intrusion is. Therefore, all law enforcement officers are going to need to remain aware of the consequences of their action, especially with the rapid increase in technology that makes it easier for the government to obtain information about and from. citizens. The scope was expanded by Scalia when he stated that