New York Court of Appeals

The People of the State of New York v. Leonard Price

December 22, 198154 N.Y.2d 557

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the use of a trained police dog to sniff the air surrounding a passenger's luggage does not constitute a search under the Fourth Amendment and therefore did not violate the defendant's rights. Consequently, the dog’s indication provided lawful probable cause for the issuance of a search warrant, and the evidence obtained was admissible. The Court rejected the argument that the defendant had a reasonable expectation of privacy in the odors emanating from his luggage. Justice Meyer, in a concurring opinion, disagreed with the majority’s view that the dog sniff was not a search.