A right to privacy has additional significance in New Jersey. Article I, paragraph one addresses our state constitutional right to privacy for which there is no federal analogue. “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.” N.J. Const., art. I, par. one.
In a separate dissent in which Justice Souter joined, Justice Ginsburg recounted the facts of Caballes:
[Trooper] Gillette informed Caballes that he was speeding and asked for the usual documents — driver’s license, car registration, and proof of insurance. Caballes promptly provided the requested documents but refused to consent to a search of his vehicle. . . . Trooper Graham arrived with his drug detection dog. Graham walked the dog around the car, the dog alerted at Caballes’ trunk and, after opening the trunk, the troopers found marijuana.
Id. at 418.
The New Jersey Constitution, unlike the federal, requires that reasonable suspicion exist before an officer can request consent to search. Johnson, 68 N.J. at 353-354. Since reasonable suspicion is required for a voluntary search, it should logically be required for an involuntary and adversarial canine sniff. While a sniff limited to the exterior of a vehicle is a “limited search”, the limited nature justifies a lesser standard than probable cause, i.e. reasonable suspicion. It does not justify a search conducted without standards.
Canine sniffs should require reasonable suspicion to avoid sanctioning the coercion of consent under circumstances wherein: an individual is told that a canine will be deployed if s/he does not consent to a search.  Without a reasonable suspicion standard to govern canine sniffs, police will be free to use the threat of an embarrassing and intimidating canine sniff at will. With a reasonable suspicion standard, the threat of a canine sniff would not be unlawful so long as reasonable suspicion of contraband pre-existed the threat. See Cancel, 256 N.J. Super. at 430.