CO: Recreational MJ created privacy interest in cars from dog sniff for MJ

The state constitutional amendment legalizing recreational marijuana created a privacy interest in one’s car from a dog sniff for drugs on only reasonable suspicion. The good faith exception does not apply. People v. Lopez, 2022 COA 70M, 2022 Colo. App. LEXIS 1067 (June 30, 2022). As to the state’s reasonable suspicion argument, it is undeveloped:

[*P39] But the People do not argue that these circumstances satisfied the probable cause standard. The most they argue is that “the trial court found this supported reasonable suspicion rather than probable cause. But there is room to disagree.”

[*P40] This tepid presentation does not an argument make, and it is not our job to “make or develop a party’s argument when that party has not endeavored to do so itself.” Beall Transp. Equip. Co. v. S. Pac. Transp., 186 Ore. App. 696, 64 P.3d 1193, 1196 n.2 (Or. Ct. App. 2003).