State v. Davis

I respectfully dissent. The court concludes that only a reasonable articulable suspicion was necessary before police used a canine to detect the odor of narcotics coming from Davis’s apartment. Because I conclude that the dog sniff was a search of Davis’s apartment, not the hallway outside of the apartment, I would require that police have probable cause, rather than merely reasonable suspicion, to conduct the dog sniff. I would therefore exclude the results of the dog sniff as a basis for the warrant used to enter Davis’s apartment. Without the results of the dog sniff, police lacked…