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Connecticut Supreme Court Appeal Involving Constitutional Search and Seizure Claims

Criminal Defendant

Represented the criminal defendant on a pro bono basis in appeal to the Connecticut Supreme Court on a grant of certification from a decision of the Appellate Court. The seminal state case involving the use of a trained narcotics detection dog involved whether a dog sniff of an automobile stopped for potentially carrying illegal drugs was a "search" under the Fourth Amendment to the United States Constitution and under analogous provisions of the state constitution. Although the Supreme Court held that the Appellate Court erred in refusing to consider the defendant's claim under the Golding test because the record was adequate to review the unpreserved constitutional claim, it affirmed the decision of the Appellate Court and held that the dog sniff was not a constitutional search, but in any event, met the reasonable and articulable suspicion standard advocated by the defendant; State v. Torres, Connecticut Supreme Court, 230 Conn. 372 (1994).

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