People v. Burns

This case presents question as to whether trial court properly suppressed drugs seized from defendant’s apartment pursuant to search warrant, where, prior to warrant’s issuance, police had used drug detection dog in hallway outside defendant’s apartment, and where said dog’s alert to presence of drugs while situated outside defendant’s door formed part of information used to support issuance of warrant. Appellate Court, in affirming trial court, found that warrantless use of drug dog in apartment hallway violated defendant’s 4th Amendment rights under Jardines, 133 S.Ct. 1409. It further rejected State’s claim that Jardines was limited to individuals living in single-family residences, as opposed to individuals living in multi-unit dwellings, where, according to State, such residents do not have expectation of privacy in common areas of apartment buildings.