State v. Smith

This criminal case presents an interesting (and recurring) question: Does Article I, section 9, of the Oregon Constitution, 1 require police officers to obtain a warrant before using a trained drug-detecting dog to sniff the exterior of a locked storage unit for odors that are imperceptible to the human nose? A majority of the Court of Appeals, sitting en banc, answered that question in the affirmative, holding that any evidence obtained as a consequence of a warrantless dog sniff must be suppressed. State v. Smith, 148 Or App 235, 246, 939 P2d 157 (1997). The state petitioned for review,…