State v. Kono

Summary

Justice Espinosa dissented from the majority's conclusion that police violated the Connecticut Constitution by using a trained dog to sniff the shared hallway outside the defendant's condominium. She would have held that the dog sniff neither invaded a reasonable expectation of privacy nor occurred within the condominium's curtilage because dogs are not sophisticated technology and the hallway was a shared, nonexclusive common area. The dissent therefore would have concluded that no search occurred under either the federal or state constitution.