I am preparing the court's charge on an upcoming POCS F2 case.

A while back, I came across special language for a "free air sniff" jury instruction. I used it in a misdemeanor POM case with success.

I want to include this language because I think it will protect my case from claims that the search was illegal. However, I can not seem to find caselaw to that supports this position anymore.

I should saved that information with the jury instruction language, but I didn't. Can anybody point me in the right direction so that I can support my position if the Defense challenges the instruction.