The People of the State of Colorado, Petitioner v. Kevin Keith McKnight, Respondent.

Summary

The court held that, under the Colorado Constitution, an exploratory sniff of a vehicle by a drug-detection dog trained to alert to marijuana is a search because the dog may detect lawful possession of marijuana. The court further held that officers must have probable cause to believe the vehicle contains drugs illegal under state law before conducting such a sniff, and that the circumstances here did not establish probable cause. Because the sniff and ensuing vehicle search were unconstitutional, the court approved exclusion of the pipe and affirmed the court of appeals’ reversal of McKnight’s convictions. Chief Justice Coats and Justice Samour, joined by Justice Boatright, dissented, arguing that the sniff of odors in public air was not a search and that the convictions should be reinstated.