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PEOPLE v. DEVONE

Nos. 91, 92.

15 N.Y.3d 106 (2010)

931 N.E.2d 70

905 N.Y.S.2d 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN DEVONE, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SADDIQ ABDUR-RASHID, Appellant.

Court of Appeals of New York.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Mark J. Caruso , Public Defender, Schenectady ( Kent J. Gebert of counsel), for appellant in the first above-entitled action.

Robert M. Carney , District Attorney, Schenectady ( Peter H. Willis of counsel), for respondent in the first above-entitled action.

Peter B. Meadow , Woodbourne, for appellant in the second above-entitled action.

Beth G. Cozzolino , District Attorney, Hudson ( Henry Neal Conolly of counsel), for respondent in the second above-entitled action.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

PIGOTT, J.

These appeals raise two issues, whether a canine sniff of the exterior of a lawfully stopped vehicle constitutes a search under article I, § 12 of our State Constitution and, if so, what level of suspicion is required before law enforcement can conduct that search. We hold that such action constitutes a search requiring founded suspicion that criminal activity is afoot...

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