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 affirmed suppression of methamphetamine evidence because officers needed probable cause before deploying a drug-detection dog trained to alert to both marijuana and illegal narcotics. The defendant's statement that the vehicle contained no marijuana did not eliminate her privacy interest because the dog's alert could still reveal lawful marijuana possession. The officers lacked facts connecting the vehicle to illegal drugs. Chief Justice Coats and Justice Samour, joined by Justice Boatright, dissented and would have reversed the suppression order.