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PEOPLE v. BOYLAN

No. 93SA47.

854 P.2d 807 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robyn BOYLAN and Mark Boylan, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 12, 1993.

Attorney(s) appearing for the Case

Stephen K. ErkenBrack, Dist. Atty., Martha L. Kent, Chief Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Edward J. Nugent, P.C., Edward J. Nugent, Grand Junction, for defendant-appellee Mark Boylan.

Foster, Larson, Laiche & Griff, Stephen L. Laiche, Grand Junction, for defendant-appellee Robyn Boylan.

Justice MULLARKEY delivered the Opinion of the Court.

The questions before the court in this interlocutory appeal are whether a dog sniff of a private express courier package is a search and, if so, whether such a search was valid under Article II, section 7 of the Colorado Constitution. The trial court suppressed the fruits of the search warrant obtained after the dog "alerted" on a package addressed to the defendants. It held that the dog sniff was a search and...

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