garre, this is what we said in kyllo. and i'm just going to read it. we said, "we think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical intrusion into a constitutionally protected area constitutes a search, at least where, as here, the technology in question is not in general public use." so what part of that do you think separates your case from this one? in other words, what part of that language does not apply in this case? >> well, first of all, franky's nose is not technology. it's -- he's using -- he's availing himself of god-given senses in the way that dogs have helped mankind for centuries. >> so does that mean that if we invented some kind of little machine called a, you know, smell-o-matic and the police officer had this smell-o-matic machine, and it alerted to the exact same things that a dog alerts to, it alerted to a set of drugs, meth and marijuana and whatever else, the police officer could not come to the front door and use that

garre, this is what we said in kyllo. and i'm just going to read it. we said, "we think that obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical intrusion into a constitutionally protected area constitutes a search, at least where, as here, the technology in question is not in general public use." so what part of that do you think separates your case from this one? in other words, what part of that language does not apply in this case? >> well, first of all, franky's nose is not technology. it's -- he's using -- he's availing himself of god-given senses in the way that dogs have helped mankind for centuries. >> so does that mean that if we invented some kind of little machine called a, you know, smell-o-matic and the police officer had this smell-o-matic machine, and it alerted to the exact same things that a dog alerts to, it alerted to a set of drugs, meth and marijuana and whatever else, the police officer could not come to the front door and use that

and we think that the kyllo case helps >> but that -- that is circular. then why do you need a search warrant? if you have no expectation of privacy in the contraband, why bother even with a search warrant? >> because, your honor, when you have a search warrant and you go into a home, there's going to be a lot of private information that you're going to come across, even if your expectation is finding evidence of a crime. >> mr. garre, does your argument mean -- you say minimally intrusive, and that the dog will detect only contraband, that the police then neighborhoodo a that's known to be a drug dealing neighborhood, go into -- just go down the street, have the dog sniff in front of every door, or go into an apartment building? is that -- i gather that that is your position. >> your honor, they could do that, just like the police could go door to door and then knock on the doors and hope that they will find out evidence of wrongdoing that way. but the two responses this court has always pointed to is the restraint on resources and the check of community