PEOPLE v. MAYBERRY

Docket No. Crim. 22038.

31 Cal.3d 335 (1982)

644 P.2d 810

182 Cal. Rptr. 617

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH PATRICK MAYBERRY, Defendant and Appellant.

Supreme Court of California.

May 13, 1982.


Attorney(s) appearing for the Case

COUNSEL

Charles T. Bumer, Patrick F. O'Connor and Walter Maund for Defendant and Appellant.

Thomas W. Corn, Stephen J. Heiser, Margaret C. Crosby, Alan L. Schlosser, Amitai Schwartz and Fred Okrand as Amici Curiae on behalf of Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield, Richard D. Garske and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

RICHARDSON, J.

(1a) May law enforcement officers use police-trained dogs to detect the odor of narcotics emanating from transported containers in the baggage areas of public airports? Under the circumstances herein presented we conclude that they may and that the limited and nonintrusive olfactory investigation performed in this case did not constitute a "search" thereby invoking the constitutional limitations...

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