CO: Dog sniff after legal possession became law suppressed; no RS

A dog sniff after Amendment 64 legalized personal possession of marijuana in Colorado was unjustified, unreasonable, and suppressed. Other case law already put the issue in doubt before this search occurred. There was no reason to suspect the occupants of the car were doing anything illegal. People v. Lopez, 2022 COA 70, | 2022 Colo. App. LEXIS 958 (June 30, 2022).

Defendant’s stop was with reasonable suspicion, but the police never developed probable cause. “When the officers’ sensory perceptions failed to confirm their suspicions of drug activity following the stop of the GMC, police summoned the K-9 unit for the sole purpose of developing probable cause.” That unreasonably extended the stop. State v. Smart, 2022 N.J. Super. LEXIS 98 (June 30, 2022).

Defendant’s habeas claim defense counsel was ineffective for not pursuing lack of reasonable suspicion for this stop is foreclosed because it was litigated and appealed before. United States v. Prado, 2022 U.S. Dist. LEXIS 115386 (M.D. Pa. June 29, 2022).*

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