Supreme Court of Colorado

People of the State of Colorado, Plaintiff-Appellant v. Amanda Eileen Gadberry, Defendant-Appellee.

May 20, 2019440 P.3d 449

Summary

The court held that officers needed probable cause before deploying a drug-detection dog trained to alert to both marijuana and illegal narcotics because the dog could reveal lawful marijuana possession. Gadberry’s statement that the vehicle contained no marijuana did not eliminate her constitutional privacy interest, and the officers lacked probable cause based on the vehicle’s registration and license-plate issues. The court therefore affirmed the suppression order. Chief Justice Coats and Justice Samour, joined by other justices, dissented and would have reversed.