People v. McKnight

¶84 Today the majority concludes that a dog sniff of the public air outside a car, *420though not a search under the Federal Constitution, is a search under the Colorado Constitution because Amendment 64 legalized the possession of marijuana in limited circumstances. However, in doing so, the majority skirts a critical question in the analysis: Does a driver have a reasonable expectation of privacy in the odors that escape from his car and become part of the public airspace? Instead, the majority: (1) draws an unwarranted inference from Illinois v. Caballes , 543 U.S. 405, 125 S.Ct. 834, 160…