Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Heather L. Esparza, Defendant-Appellee — Hobbs, J…

March 26, 2012272 P.3d 367

Summary

The dissent argues that state constitutional precedent requires reasonable suspicion before police conduct a dog sniff of a vehicle during a traffic stop, even when the stop itself is lawful. It contends that the majority improperly narrowed or overturned that precedent without performing the required stare decisis analysis and wrongly treated the absence of a privacy interest in contraband as dispositive. Chief Justice Bender joined the dissent.