PEOPLE v. DEVONE


57 A.D.3d 1240 (2008)

870 N.Y.S.2d 513

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DAMIEN DEVONE, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

December 24, 2008.


LAHTINEN, J.

The primary issue before us is whether, under the NY Constitution, reasonable suspicion of drug-related criminal conduct is a minimum prerequisite to a canine sniff of the exterior of a car that has been stopped for a traffic violation. A state trooper and a Schenectady police officer—working together in a high crime area as part of "Operation Impact" and having a narcotics-detecting dog in their vehicle with them—observed codefendant Troy...

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