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PEOPLE v. DUNN

77 N.Y.2d 19 (1990)

The People of the State of New York, Respondent, v. Jessie Dunn, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Burton Ritter for appellant.

Kevin M. Dillon, District Attorney (John J. DeFranks and J. Michael Marion of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judges SIMONS and BELLACOSA concur in result for the reasons stated in the opinion by Justice M. Dolores Denman at the Appellate Division (), and stress that in their view the sniff by a trained police dog in the hallway outside defendant's apartment did not constitute a search within the meaning of the Fourth Amendment of the US Constitution or NY Constitution, article I, § 12.

TITONE, J.

In recent years, law enforcement officers have increasingly turned to specially trained dogs to assist them in their efforts in the "war against drugs." The present appeal raises the question of whether the use of these "canine cannabis connoisseurs" — as they have been termed1 — to detect the presence of controlled substances in a person's apartment is subject...

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