Bailey v. United States concerned the question of whether "the detention of an individual who has just left premises to be searched under warrant is permissible when the individual is detained out of view of the house as soon as possible." Florida v. Jardines

Is a dog sniff at the front door of a suspected grow house by a trained narcotics-detection dog a Fourth Amendment search requiring probable cause? This term, the Court declared that a search occurs when the police obtain information on the basis of the performance of a drug-sniffing dog on the front porch of a private house. Place sought to suppress evidence found in the bag. Florida Supreme Court

The Florida Supreme Court held that the use of a drug-sniffing dog on Jardines's front porch constituted a search and that such a search required probable cause before it could be conducted. Beyond Place , Edmond , and Caballes , they mention the Court's observation in Kyllo to the effect that "'a Fourth Amendment search does not occur—even when the explicitly protected location of a house is concerned—unless the individual manifested a subjective expectation of privacy in the object of the challenged search and society is willing to recognize that expectation as reasonable.'" Florida v. Harris

Has the Florida Supreme Court decided an important question in a way that conflicts with established Fourth Amendment precedent of the U.S. Supreme Court by holding that an alert by a well-trained narcotics-detection dog certified to detect illegal contraband is insufficient to establish probable cause to search a vehicle? It refused to accept a trained drug-detection dog's positive reaction as per se probable cause in Harris . And probable cause permits police to search a car or truck without a warrant. Probable cause exists when "there is a fair probability that contraband or evidence of a crime will be found in a particular place." Better instead, it held, to rely upon a "totality of the circumstances" standard that permits a common sense assessment of the individual facts presented in a particular case. Florida Supreme Court

The Florida Supreme Court concluded that in Harris the state had failed to show that, taking all the circumstances into account, the alert of a trained dog to the door of a truck entitled an officer to believe that there was a fair probability that the truck contained illicit drugs. It held that
[T]o meet its burden of establishing that the officer had a reasonable basis for believing the dog to be reliable in order to establish probable cause, the State must present the training and certification records, an explanation of the meaning of the particular training and certification of that dog, field performance records, and evidence concerning the experience and training of the officer handling the dog, as well as any other objective evidence known to the officer about the dog's reliability in being able to detect the presence of illegal substances within the vehicle. The smell of drugs was there. The Fourth Amendment prohibits unreasonable searches and seizures. One such instance occurs when officers seek to execute a search warrant. The Supreme Court granted certiorari in Bailey to consider the question, and held that under the Summers rule the occupants must be taken into custody in the immediate vicinity of the premises to be searched. The Supreme Court disagreed. Missouri v. McNeely

Whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment's warrant requirement for nonconsensual blood testing in all drunk-driving cases. The Fourth Amendment insists that in most instances officials secure a search warrant before they search a person's house, papers, effects, or person. There are exceptions.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. Amend. IV.
This term, the Supreme Court decided that (1) deploying a drug-detecting dog at the front door of a house qualifies as a Fourth Amendment search (Florida v. Jardines); (2) the positive reaction of a trained, drug-detecting dog constitutes probable cause per se (Florida v. Harris); (3) the rationale which permits the warrantless, suspicionless detention of individuals found in a place covered by a search warrant also permits the warrantless, suspicionless off-site apprehension and return of individuals who have recently left a place covered by a search warrant (Bailey v. United States); and (4) the body's capacity to absorb blood alcohol, without more, does not constitute a "destruction of evidence" exigency justifying a per se exception to the warrant requirement (Missouri v. McNeely).
The Supreme Court has said in the past that walking a drug-detecting dog around a car pulled over on the highway or around luggage in an airport is not a Fourth Amendment search. Nevertheless, the Court in Jardines noted that those cases were decided under the "expectation of privacy" rationale. Under the alternative "property intrusion" rationale, a Fourth Amendment search occurred when police used a trained dog to test for the smell of marijuana on Jardines's porch.
Probable cause exists when there is a fair probability that contraband or evidence of a crime will be found in the place to be searched. The Supreme Court has held that informers' tips, used to establish probable cause, need not be subjected to uniform, rigid reliability standards. The Florida Supreme Court in Harris held that the prosecution had not established the existence of probable cause because it had failed to satisfy court-mandated standards for the reliability of drug-detecting dogs and their handlers. The U.S. Supreme Court declared in Harris that the Florida court was in error for failure to apply the traditional common sense, totality-of-the-circumstances standard.
In order to minimize the risk of harm to the officers, the destruction of evidence, or the flight of suspects, officers executing a search warrant for contraband may detain individuals found on the premises to be searched. They may do so though they have no probable cause to arrest the individuals. The Supreme Court in Bailey held that this exception to the Fourth Amendment's usual requirements does not permit officers to allow individuals to leave the premises to be searched before apprehending them off-site and returning them to the place being searched.
Exigent circumstances will sometimes excuse strict compliance with Fourth Amendment requirements. One such instance arises when the evidence sought will likely be lost by the time officers secure a search warrant. The Supreme Court in McNeely held destruction of the evidence exceptions are judged using a totality of the circumstances standard. The natural dissipation of alcohol from the blood, by itself, does not permit warrantless blood tests in drunk driving cases.