In People v. Butler, the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect’s body. In a unanimous opinion written by Judge Anthony Cannataro, the court ruled that the use of a narcotics-detecting dog to sniff a suspect’s body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

In March 2017, two police officers observed what they believed to be a drug transaction taking place in the defendant’s vehicle in a parking lot known for drug activity. The police officers followed the defendant’s car when he pulled out of the parking lot and, after seeing him execute an evasive U-turn and drive through a stop sign, the police officers stopped defendant’s car. The defendant admitted that he did not have a driver’s license and provided what the police believed to be an inconsistent explanation as to where he had come from and where he was going. When the defendant stepped out of his vehicle, he appeared nervous and the police officers noted a bulge in his pocket and asked him how much cash he had. Defendant responded that he had $1,000 and, when the police officers asked if he consented to a search of his vehicle, he refused.