State v. Guillen

¶ 34 I respectfully disagree, on a number of grounds, with the majority’s conclusion that the dog sniff at issue here may have violated the Arizona Constitution and is subject to a new standard of reasonable suspicion.13 First and foremost, this court should not be reaching out to decide a ease on a basis that was never argued below. No mention of a new and unprecedented right of “tranquility and repose” barring a dog sniff outside one’s home was ever made nor was such a concept suggested during either the suppression hearing or the bench trial below. It is well established that we will not…