The People of the State of Colorado v. Lamonte Xavier Smith, 2022 CO 38

CSP Trooper Bollen lawfully stopped a west-to-east I‑70 Chevrolet Tahoe with Florida plates; the vehicle was a rental rented in Los Angeles.
The driver said they were driving from Los Angeles to Maryland for sightseeing; Trooper Bollen found inconsistencies (timing, rental due back in LA same day) and perceived evasive behavior and nervousness.
Bollen separately interviewed the three passengers; their accounts conflicted with the driver’s, and the defendant allegedly stared at the glove box when asked about contraband.
A K‑9 trained to detect cocaine, heroin, and methamphetamine circled the Tahoe twice and did not alert.
Despite the negative dog alert, Bollen searched the vehicle and found a kilogram of cocaine in the glove box and fentanyl in a prescription bottle.
The district court suppressed the evidence for lack of probable cause (it found the stop was not unreasonably prolonged); Colorado Supreme Court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had probable cause to search the Tahoe	The combination of factors (out‑of‑state rental from LA, eastbound I‑70 travel, inconsistent trip stories, driver/passenger nervousness and contradictions, defendant's gaze at glove box) gave probable cause	Trooper Bollen only had hunches; totality of circumstances (including the negative K‑9 sniff) did not establish a fair probability of contraband	No. Court held probable cause lacking: officer relied on stacked hunches and ignored the K‑9’s failure to alert, so search was unreasonable
Whether the traffic stop was unreasonably prolonged	Stop was not unreasonably extended; routine questioning and K‑9 deployment were permissible	Extension violated Fourth Amendment and tainted any subsequent search	Court agreed the stop was not unreasonably prolonged; suppression was based solely on lack of probable cause for the search

Kentucky v. King, 563 U.S. 452 (warrant requirement and probable‑cause framework)
Pennsylvania v. Labron, 518 U.S. 938 (automobile exception: mobile vehicle + probable cause permits warrantless search)
Florida v. Harris, 568 U.S. 237 (probable‑cause principles for drug detection and K‑9 evidence)
United States v. Valenzuela, 365 F.3d 892 (10th Cir.) (probable cause cannot be established by piling hunch upon hunch; courts must consider facts that cut against probable cause)
United States v. Arvizu, 534 U.S. 266 (hunch insufficient for reasonable suspicion)
People v. Allen, 450 P.3d 724 (Colo.) (automobile exception and burden on prosecution for warrantless searches)
People v. Bailey, 427 P.3d 821 (Colo.) (totality‑of‑the‑circumstances approach to probable cause)