The People of the State of Colorado, Plaintiff-Appellant v. Victor Zuniga, Defendant-Appellee

Summary

The court held that marijuana odor remains relevant to the totality-of-the-circumstances analysis for probable cause even though Colorado law permits possession of a limited amount of marijuana. Considering the odor together with inconsistent travel accounts, extreme nervousness, and a drug-detection dog’s alert, the court concluded that the officer had probable cause to search the vehicle under the automobile exception and reversed the suppression order. Justice Hood, dissenting, would have held that these ambiguous circumstances established reasonable suspicion but not probable cause.