State v. Juarez-Godinez

I respectfully dissent.

I would hold that (1) Trooper Burdick did not seize the car before the dog-sniff; (2) even if Burdick seized the car before the dog-sniff, the seizure was justified by his reasonable and articulable suspicion that the car was being used to transport contraband; (3) a dog-sniff is not a search for state constitutional purposes; (4) Burdick’s affidavit established probable cause to search; and (5) even if Burdick violated Article I, section 9, after the enactment of Measure 40, Article I, section 9, may not be construed more broadly than the Fourth Amendment and that…