People v. McKnight

Summary

The Colorado Supreme Court held that a drug-detection dog trained to alert to marijuana conducts a search under article II, section 7 of the Colorado Constitution because the sniff can detect lawful marijuana possession. The court further held that officers must have probable cause to believe an item or area contains a drug unlawful under state law before deploying such a dog for an exploratory sniff. Because officers lacked probable cause to sniff McKnight’s truck or conduct the resulting hand search, the court affirmed the reversal of his convictions and required exclusion of the evidence.

Holdings

1. An exploratory sniff by a drug-detection dog trained to alert to marijuana constitutes a search under article II, section 7 of the Colorado Constitution because the sniff can detect lawful possession of up to one ounce of marijuana by adults at least twenty-one years old.
2. Before deploying a drug-detection dog trained to alert to marijuana for an exploratory sniff in Colorado, law enforcement must have probable cause to believe that the item or area contains a drug in violation of state law.
3. The officers lacked probable cause to believe that McKnight's truck contained drugs in violation of Colorado law before deploying the dog, and the subsequent hand search also lacked probable cause.
4. Exclusion of evidence is an appropriate remedy for a violation of article II, section 7 of the Colorado Constitution.

Questions Presented

1. Whether a drug-detection dog's exploratory sniff of a vehicle constitutes a search under article II, section 7 of the Colorado Constitution when the dog is trained to alert to marijuana that may be lawfully possessed under Colorado law.
2. What level of suspicion is required before law enforcement may deploy such a dog for an exploratory sniff.
3. Whether officers had probable cause to deploy the dog and conduct the subsequent hand search of McKnight's truck.
4. Whether exclusion of the pipe was the appropriate remedy for the violation of the Colorado Constitution.

Disposition

affirmed