If we sanction suspcionless canine sniffs, we sanction this scenario since we do not look at the subjective intent of the officer, but only the objective reasonableness of deploying a canine without reasonable suspicion. See State v. Bruzzese, 94 N.J. 210 (1983). If we do not part from Caballes, such a threat (and subsequent canine sniff) is objectively reasonable. Caballes should not be the law in New Jersey because it would undermine Johnson’s requirement that reasonable suspicion exist before consent can be requested, i.e. it would permit the coercion of consent through the threat of a canine sniff without necessitating a request for consent.
Justice Ginsburg continued:
The Supreme Court of Illinois held that the drug evidence should have been suppressed. Adhering to its decision in People v. Cox, 202 Ill. 2d 462 (2002), the court employed a two-part test taken from Terry v. Ohio, 392 U.S. 1 (1968), to determine the overall reasonableness of the stop. The court asked first “whether the officer’s action was justified at its inception,” and second “whether it was reasonably related in scope to the circumstances which justified the interference in the first place.” “[I]t is undisputed,” the court observed, “that the traffic stop was properly initiated”; thus, the dispositive inquiry trained on the “second part of the Terry test,” in which “[t]he State bears the burden of establishing that the conduct remained within the scope of the stop.”
The court concluded that the State failed to offer sufficient justification for the canine sniff: “The police did not detect the odor of marijuana in the car or note any other evidence suggesting the presence of illegal drugs.” Lacking “specific and articulable facts” supporting the canine sniff, the court ruled, “the police impermissibly broadened the scope of the traffic stop in this case into a drug investigation.” I would affirm the Illinois Supreme Court’s judgment and hold that the drug sniff violated the Fourth Amendment.
Id. at 418-419 (internal quotes omitted) (emphasis added).