Supreme Court of Colorado

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

June 27, 2016372 P.3d 1052

Summary

Justice Hood dissented from the conclusion that the warrantless search of Zuniga's luggage was supported by probable cause. He reasoned that conflicting travel accounts, nervousness, the odor of marijuana, and a nonspecific dog alert were individually weak and did not establish probable cause in combination after marijuana possession had been legalized in limited circumstances. The dissent would have found the search unreasonable and would have rejected the majority's reliance on ambiguous facts.