SCOTUSblog published a preview of the oral argument in Rodriguez v. United States, and discussed our amicus brief:
“One amicus brief was filed in support of each side. While the parties avoid the question whether a dog sniff is a “search,” the U.S. Justice Foundation argues in support of Rodriguez that the Jardines and Jones decisions should call Caballes into question on this point, and that a dog sniff of one’s car should not be allowed without independent Fourth Amendment justification. Pitching a portion of its argument, apparently, at common-law enthusiasts such as Justice Scalia and Justice Clarence Thomas, this amicus brief cites political philosopher John Locke from 1690 (about property rights, not cars, of course).”
