State v. Grue

ON MOTION FOR REHEARING

COHEN, J.

We grant Grue’s motion for rehearing in part, withdraw our previous opinion, and replace it with the following.

*258The State appeals an order granting Joseph Grue’s motion to suppress. The issue on appeal is whether there was sufficient evidence to establish probable cause — based upon a police K-9’s alert— set forth in the affidavit to support the issuance of a search warrant, or to paraphrase Justice Kagan, whether the sniff was up to snuff. We conclude the affidavit provided probable cause and reverse.

On January 4, 2012, Officer David Alvarado of the Orange…