The People v. Devon T. Butler

Summary

The court held that using a narcotics-detection dog to sniff a person’s body for concealed drugs is a search under the Fourth Amendment, even without physical contact, because it intrudes on bodily privacy, dignity, and security. The court further held that the Appellate Division lacked authority to decide the applicable justification standard or whether the search was justified because the suppression court had not ruled on those issues. The judgment was reversed and the case remitted for further proceedings, including reconsideration of abandonment. No separate opinions were provided.