People v. Cox

¶24 In People v. Zuniga, 2016 CO 52, 372 P.3d 1052, I dissented based on my belief that the circumstances there, including Lobo’s alert, fell short of establishing probable cause to search Zuniga’s car. I respectfully dissent here, too, because I believe these circumstances fall even shorter.

¶25 The majority correctly states the Fourth Amendment’s warrant requirement, the automobile exception to that requirement, and the probable cause standard. Under the probable cause standard, there must be “a fair probability that contraband or evidence of a crime will be found in a particular place.” See…