State v. Kaiser

The majority hold that defendant’s arrest was valid; I agree, but not for the reason stated by the majority. The majority do not expressly hold that seizure of defendant’s luggage was valid; however, their discussion implies the seizure was valid. I agree. The majority hold the search of the seized luggage was invalid. I disagree.

A summary of my differences with the majority follows.

1. The majority state that the “keying” of the dogs alone would not establish probable cause to arrest defendant. I disagree. The accuracy of the detection of marijuana by the dogs is not contested. The detection…