cell phone
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Appeals court overturns carjacking-related convictions after evidence error
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Colorado’s second-highest court overturned some of a defendant’s carjacking-related convictions on Thursday, finding Arapahoe County prosecutors failed to establish that his text messages apparently confessing to the crime were admissible as evidence. The three-judge Court of Appeals panel also concluded the search warrant used to obtain information from T-Mobile was unconstitutionally broad, with some judges…
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Colorado Supreme Court ponders whether Lakewood violated TABOR in expanding phone provider tax
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Members of the Colorado Supreme Court considered on Tuesday whether Lakewood violated the state constitution by expanding the scope of a 1969 tax ordinance twice in the last three decades to encompass cell phone providers — but without holding a popular vote. A Jefferson County judge believed the city’s actions failed to comply with the 1992…
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Appeals judge warns police against overly broad cell phone search warrants
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A member of the state’s second-highest court warned last month that law enforcement personnel should be on notice by now that they cannot obtain warrants seeking broad amounts of data from a suspect’s cell phone records unrelated to the crime. A three-judge panel for the Court of Appeals upheld the convictions and 102-year prison sentence…
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Colorado Supreme Court attempts to restore order in Weld County cases after botched cell phone search
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The Colorado Supreme Court issued a pair of orders on Friday attempting to end the turbulence after an accidental disclosure of confidential defense information to the prosecution affected multiple Weld County criminal cases. District Court Judge Vincente G. Vigil has struggled to contain the fallout from a botched cell phone search that resulted in hundreds…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
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A man serving a life sentence for murder will receive a new trial after Colorado’s second-highest court concluded last week that law enforcement unconstitutionally used a “shortcut” to unlock his phone in time for his original trial. In reaching its conclusion, a three-judge panel for the Court of Appeals rejected the idea that a cell…
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Judge finds no constitutional violation by Englewood officer who arrested man filming encounter
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A federal judge concluded on Thursday that an Englewood police officer did not violate the constitutional rights of a man by arresting him after he attempted to video record the officer from a public sidewalk. Five months ago, the federal appeals court with jurisdiction over Colorado recognized for the first time that the First Amendment…
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Appeals court says warrantless ‘ping’ of cell phone was permissible to find murder suspect
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The state’s second-highest court determined for the first time that police acted lawfully by obtaining a murder suspect’s real-time cell phone location from his wireless carrier. Courts around the country have reached different conclusions about whether cell site location information – or a “ping” – amounts to a search under the Fourth Amendment’s general prohibition on warrantless…
