When Florida v. Jardines, the case where an officer approached a house with a drug-sniffing dog, first came down, Orin Kerr and others noted that the Supreme Court majority never once used the word "trespass." The Jardines concurrence and dissent used the word, and the author of Jardines, Justice Scalia, had used "trespass" repeatedly in United States v. Jones from last term. So why doesn't he use the word in Jardines? Because there really is no trespass test? Because he has new clerks? Just a coincidence?
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