People v. Burns

Warrantless use of a drug detection dog to sniff Defendant's apartment door, within a locked 3-story, 12-unit apartment building, at 3:20 a.m. affected judge's decision to issue search warrant, and evidence obtained pursuant to search warrant is fruit of the poisonous tree and the exclusionary rule applies. Court properly granted Defendant's motion to suppress. Area where police stood, at entrance to Defendant's apartment with drug-detection dog, was a constitutionally protected area, where there was no implicit invitation for the police to be. (TURNER and APPLETON, concurring.)