Professor Shoebotham filed Fourth Amendment Scholars Amici Curiae Briefs, or “friend of the court” briefs, in both of the pending canine-sniff cases, Florida v. Jardines (No. 11-564), which involves a warrantless canine sniff of a private home, and Florida v. Harris (No. 11-817), which involves a warrantless canine sniff of a lawfully-stopped vehicle.
The Jardines Scholars Brief uses peer-reviewed scientific studies concerning canine drug-detection sniffs and analyzes how those scientific findings impact the legal analysis of canine sniffs of the home. Fifty-one constitutional criminal procedure professors joined in filing the Jardines Scholars Brief, which is available at http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs/11-564_respondentamcu4thamendmentscholars.authcheckdam.pdf. The Harris Scholars Brief argues against the State of Florida’s proposed test for determining an individual drug-detection dog’s reliability for contraband detection. Thirty-three constitutional criminal procedure professors joined in filing the Harris Scholars Brief, which is available at http://www.americanbar.org/content/dam/aba/publications/supreme_court_preview/briefs/11-817_petitioneramcu4thamendmentscholars.authcheckdam.pdf.
Prof. Leslie Shoebotham teaches constitutional criminal procedure and is a nationally-recognized expert in the canine-sniff investigative technique as well as the expectation of privacy associated with the home. Prof. Shoebotham’s article concerning the canine-sniff investigative technique was cited in both Jardines’s and Harris’s Merits Briefs, as well as several of the other amici briefs filed in these cases, and is entitled: Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home, 88 OR. L. REV. 829 (2009). This article is available at http://ssrn.com/abstract=2148500.