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Court of Appeals – Police search: People v. Butler
Daily Record Staff//February 9, 2024//
New York State Court of Appeals
Police search
Canine body sniff
No. 95
Judge Cannataro
Background: At issue is whether the use of a canine’s heightened sense of smell to detect the presence of illegal drugs offends the prohibition on unreasonable searches set forth in the Fourth Amendment of the U.S. Constitution. The suppression court determined that the sniff did not qualify as a search.
Ruling: The Court of Appeals held that the use of a narcotics-detection dog to sniff a defendant’s body for evidence of a crime qualified as a search and thus implicated the protections of the Fourth Amendment. The appellate division erred in holding that a canine body sniff requires reasonable suspicion.
Clea Weiss for the appellant; Benjamin E. Holwitt for the respondent.
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