CO: Because CO has legalized recreational MJ, use of a drug dog requires PC because a dog sniff uncovers lawful activity

Because Colorado has legalized possession of small amounts of marijuana, admission of possession of it in a car doesn’t permit a drug dog to sniff the car without probable cause to believe there is an illegal amount in the car. A dog sniff in Colorado would thus detect lawful activity and is a search requiring probable cause. People v. McKnight, 2019 CO 36, 2019 Colo. LEXIS 375 (May 20, 2019); People v. Gadberry, 2019 CO 37, 2019 Colo. LEXIS 373 (May 20, 2019). See NPR: Colorado Court Complicates Life For Drug-Sniffing Dogs (“A Colorado State Supreme Court ruling is putting some police dogs out of work. NPR’s Susan Davis finds out why from Brian Laas, president of the Colorado Police K-9 Association.”)

A police officer’s alleged illegal entry onto defendant’s property doesn’t lead to suppression of defendant’s assault of the officer. The assault is attenuated from the alleged Fourth Amendment violation. People v. Tomaske, 2019 CO 35, 2019 Colo. LEXIS 372 (May 20, 2019).