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

Summary

The court held that the odor of marijuana remains relevant to the totality-of-the-circumstances probable-cause inquiry even though possession of a limited amount is lawful under Colorado law. Considering the odor together with the occupants' conflicting travel accounts, extreme nervousness, and a drug-detection dog's alert, the court concluded that probable cause supported the warrantless vehicle search and reversed the suppression order. Justice Hood, dissenting, would have held that the ambiguous facts did not establish probable cause in light of marijuana legalization and the dog's inability to distinguish lawful from unlawful substances.