^ As noted in the Decision.
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In United States v. Place, 462 U. S. 696 (1983), we categorized the sniff of the narcotics-seeking dog as "sui generis" under the Fourth Amendment and held it was not a search. Id., at 707.
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Seems pretty lame, techincally it wasn't even a search. Who knows Souter's dissent is pretty legit. I'm not that worried, hope it was just a minor occurance, this supreme court hasn't been that overbearing to the point where I would start worrying just yet.
Hopefully he is truthful and not alone on the bench in his closing paragragh.
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The Court today does not go so far as to say explicitly that sniff searches by dogs trained to sense contraband always get a free pass under the Fourth Amendment, since it reserves judgment on the constitutional significance of sniffs assumed to be more intrusive than a dog's walk around a stopped car, ante, at 4. For this reason, I do not take the Court's reliance on Jacobsen as actually signaling recognition of a broad authority to conduct suspicionless sniffs for drugs in any parked car, about which Justice Ginsburg is rightly concerned, post, at 5-6, or on the person of any pedestrian minding his own business on a sidewalk. But the Court's stated reasoning provides no apparent stopping point short of such excesses. For the sake of providing a workable framework to analyze cases on facts like these, which are certain to come along, I would treat the dog sniff as the familiar search it is in fact, subject to scrutiny under the Fourth Amendment.
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