People v. Esparza
2012 CO 22
Colo.2012Background
- Two 2011 incidents where Esparza, arrested for driving on a suspended license, had a narcotics-detection dog brought to the scene and sniff around her parked truck; the dog alerted and police found paraphernalia and meth residue; district court suppressed, ruling article II, section 7 requires reasonable suspicion for canine sniffing of a vehicle exterior; People appealed interlocutorily under 16-12-102(2) and C.A.R. 4.1; court had to decide whether such sniff is a search under Colorado Constitution; court reversed and remanded.
- Truck was lawfully stopped/arrest occurred; truck left parked at arrest site per policy; dog sniff occurred exterior to truck; arrest was for license suspension; evidence found after the sniff; district court based its ruling on Haley and the requirement of reasonable suspicion.
- Colorado dog-sniff precedents discussed include Haley and Unruh; court aligned state constitution with Caballes to hold dog sniff around exterior of vehicle is not a search; decision narrows scope of prior dog-sniff pronouncements; case remanded for further proceedings.
- Court held that possession of contraband cannot be deemed a legitimate privacy interest under state constitution; a narcotics dog sniff reveals only presence/absence of contraband; therefore no reasonable privacy interest was infringed by sniff; suppression order reversed; remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a narcotics dog sniff of a vehicle exterior is a search under article II, section 7 | People: requiring reasonable suspicion to sniff is unconstitutional given drug-detection value | Esparza: privacy interest protected; sniff requires suspicion | Not a search; no reasonable suspicion required |
Key Cases Cited
- People v. Haley, 41 P.3d 666 (Colo. 2001) (dog sniff requires reasonable suspicion when tied to extended traffic stops)
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (dog sniff does not violate Fourth Amendment if stop lawful and not prolonged for drug investigation)
- People v. Unruh, 713 P.2d 370 (Colo. 1986) (Colorado Constitution provides broader privacy protections for dog-sniffs)
- People v. Reyes, 956 P.2d 1254 (Colo. 1998) (recognizes reasonable suspicion for dog sniff of a vehicle exterior)
- People v. May, 886 P.2d 280 (Colo. 1994) (reasonable suspicion for dog sniff of mail/package)
- People v. Wieser, 796 P.2d 982 (Colo. 1990) (dog sniff of storage facility context)
- Jardines v. Florida, 73 So. 3d 34 (Fla. 2011) (dog sniff at residence; public exposure concerns)
- Caballes (cited within text), 543 U.S. 405 (U.S. 2005) (reiterates dog sniff as non-search when not undermining privacy)