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NY: State constitution requires reasonable suspicion required for a dog sniff of a car

By John Wesley Hall, Jr.

NY Constitution requires reasonable suspicion for a dog sniff of a car on the street. There at least is some reasonable expectation of privacy in a car. Not as much as a house, but more than luggage in the hands of a third person. People v. Devone, 2010 NY Slip Op 04828 (N.Y. June 8, 2010): Based on our State jurisprudence, therefore, whether a canine sniff constitutes a search is necessarily dependent upon whether it constitutes an intrusion into a place where a person has a reasonable expectation of privacy. One clearly has a greater expectation of privacy in one’s home than in an automobile (see New York v Class, 475 US 106, 112-113 [1986]), but that does not render the latter interest undeserving of constitutional protection (see Arizona v Gant, __ US __, 129 SCt 1710, 1720 [2009] [addressing warrantless searches of automobiles])...continue to full post

Full post as published by Fourth Amendment on June 15, 2010 (boomark / email).