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

Summary

The court held that, under the Colorado Constitution, a drug-detection dog trained to alert to marijuana conducts a search when sniffing a vehicle because the dog may detect lawful possession of marijuana. Such an exploratory sniff requires probable cause to believe the vehicle contains drugs illegal under state law, and the circumstances here did not establish probable cause; the resulting pipe therefore had to be suppressed. Chief Justice Coats and Justices Samour and Boatright dissented, arguing that the sniff of odors in public air was not a search and that the majority improperly adopted a state exclusionary rule.