Bradley Ray McClintock v. State

DISSENTING OPINION

Evelyn V. Keyes, Justice.

I respectfully dissent. In this case, the police obtained a warrant to search appellant’s upstairs residence for marijuana based on Houston Police Department Officer R. Arthur’s affidavit that he smelled marijuana at that “location” and that the trained narcotics-sniffing dog Sita likewise detected the odor of marijuana from the top of a public stairway outside the door of appellant’s second-floor residence.

The Court of Criminal Appeals held that the warrantless dog sniff search on the curtilage of appellant’s residence was illegal under Florida v.…