Drug dogs at your doorstep- Is the doorstep at your apartment or house?

Drug dogs (DDs) run rampant with police departments / law enforcement officer (LEO) departments, sniffing for drugs, explosives and other evidence. As a Fairfax criminal lawyer, I know that a dozen years ago, the federal Supreme Court by a 5-4 decision found that the Constitution’s Fourth Amendment (concerning when a search warrant is needed and when probable cause (to believe a crime has been committed) is present or not to search) provides a reasonable expectation of privacy when such sniffing happens at the at the front door and surrounding curtilage area around one’s house, thus making that a search.  Florida v. Jardines, 569 U.S. 1  (2013). However, in the middle of 2025, the federal appellate court in Richmond, Virginia, declined to apply Fourth Amendment protection to the same scenario when that is merely an apartment at which the DDs sniff. United States v. Johnson, 148 F.4th 287 (4th Cir. 2025). With the help of high-powered appellate litigators and backed up by worthy amici / friends of the court, Johnson may be able to convince the federal Supreme Court to review his case, which involves a split among several appellate courts. However, with Jardines’ having won only a five of four majority, and with its author Antonin Scalia since deceased and replaced by Justice Neil Gorsuch, a question becomes whether granting Supreme Court review of Jardines will strengthen or weaken that decision for criminal defendants.

If I live in an apartment, condominium or co-op, am I less protected against police intrusion than if I own a home?

At first blush, Johnson might be seen as favoring more Fourth Amendment search and seizure rights for those living in houses versus in apartments (whether rented or owned), and perhaps therefore favoring wealthier people. That is true to a point as to those who only have funds for an apartment but not a house. At the same time, plenty of upper income people live in apartments and condos. Whether or not a person is engaging in criminal activity at home, who wants drug dogs and other police snooping at their doorstep? Police are supposed to serve the public, and not the other way around. Nobody wants to open their door on the way to work, the supermarket, nor anyone else, only to find an LEO with a German shepherd or other kind of dog snooping right at their doorstep.

Johnson does not bind the Virginia state courts concerning drug dogs

Being a non-Supreme Court federal court opinion, Johnson does not bind Virginia state courts nor any other state courts. Supporting Virginia judges not to apply Johnson is the unpublished 2025 Wiggins v. Commonwealth of Virginia Court of Appeals opinion, upholding the trial court’s suppression of a warrantless search that yielded  2.5 ounces of marijuana after the drug canine jumped up and down on the defendant’s car. Wiggins v. Virginia, Record No. 0392-25-1 (Va. App. 2025) (unpublished). That certainly sounds similar to when a drug dogs claw at one’s apartment door or otherwise stay close to the front door.

What should I do if police show up at my home or hotel room and ask or tell me to open the door?

This blog is not legal advice. Nonetheless, if police show up at your home or hotel room with or without drug dogs and tell you to open the door, at the very least on your mind can be whether to ask to see a search warrant. Nobody has an obligation to assist police in conducting a search, whether a warrant exists or not. Everyone has the right to clearly assert that they do not consent to a search (and make sure that you are not mis-heard as saying that you consent to a search; for instance saying “I oppose any searches” is hard to mistake for what is said).

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense every step of the way (from pretrial preparation, to motions arguments, to trial and beyond) against Virginia felony, misdemeanor and DUI prosecutions. When you meet with Jon Katz for your free initial in-person confidential consultation about your court-pending prosecution, you have taken a great step forward in protecting your rights, liberty, reputation, and career. Usually Jon will be able to meet with you within a business day of your contacting his staff at 703-383-1100, Info@KatzJustice.com, and (text) 571-406-2768.