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New York has a state constitution

Hat tip to FourthAmendment.com. The New York Court of Appeals, in State v. Devone, 2010 NY Slip Op 04828 (N.Y. June 8, 2010), holds that, under its state constitution, and contrary to SCOTUS cases, a dog sniff of a vehicle is a search:

Based on our State jurisprudence, therefore, whether a canine sniff constitutes a search is necessarily dependent upon whether it constitutes an intrusion into a place where a person has a reasonable expectation of privacy. One clearly has a greater expectation of privacy in one's home than in an automobile, but that does not render the latter interest undeserving of constitutional protection. There is a legitimate, albeit reduced expectation of privacy in an automobile. But that expectation is greater than the significantly reduced expectation of privacy one has in luggage turned over to a common carrier. We therefore hold that a canine sniff of the exterior of an automobile constitutes a search under article I, § 12.

Here is article I, § 12 of the New York Constitution:

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If you were curious, here is Bill of Rights, § 15 of the Kansas Constitution:

The right of the people to be secure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.

Full post as published by Kansas Defenders on June 15, 2010 (boomark / email).