People v. Gadberry (2019) 2019 CO 37

Traffic Stop; Prolonged Detention; Sniff as a Search; Marijuana

In a PSD sniff conducted within the time frame of a traffic stop, the Colorado Supreme Court held that LE must have reasonable suspicion of crime prior to deployment of PSD. The court held that since there is a possibility of PSD sniffing an item that is legal (not contraband), PSD sniff was a search because persons 21 or older have a right to privacy in their possession of less than an ounce of marijuana. Case does not discuss what happens if there is additional marijuana (more than the one ounce) or other controlled substances.