PEOPLE v. PRICE


54 N.Y.2d 557 (1981)

The People of the State of New York, Respondent, v. Leonard Price, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1981.


Attorney(s) appearing for the Case

Herbert L. Greenman and Murray J. Grashow for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks, Timothy R. Harvey of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge JASEN; Judge MEYER concurs in result in a separate opinion.


JASEN, J.

The issue raised by this appeal, one of first impression in New York, is whether the use of a trained dog to indicate the presence of a controlled substance in a passenger's luggage constitutes a search within the purview of the Fourth Amendment. We hold that it does not.

Defendant Leonard Price and his codefendant, Carl Parsons, arrived at the Los Angeles airport shortly after midnight, Los...

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