firearm
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
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Denver police did not violate the constitutional prohibition on unreasonable searches and seizures by obtaining a bullet, without a warrant, that was removed from a man’s leg and later used as evidence against him, the Colorado-based federal appeals court ruled on Tuesday. Law enforcement responded to an office building in the Cherry Creek neighborhood where…
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10th Circuit mulls whether to block Colorado’s ‘ghost gun’ law
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Members of the Denver-based federal appeals court last week probed the details of a 2023 Colorado law prohibiting the possession and purchase of certain firearm components not imprinted with a serial number — deemed “ghost guns” — that a trial judge declined to block last year. To address the proliferation of guns privately assembled from kits or 3-D printers,…
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Federal judge finds Miranda violation in interrogation of Denver firearms suspect
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A federal judge concluded on Friday that a Denver police sergeant interrogated a man who was under arrest for a suspected firearms offense while failing to provide a Miranda warning first. U.S. District Court Judge S. Kato Crews acknowledged that defendant Dayvon Vaughns may not have said anything incriminating during the questioning, and his statements…
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Colorado’s Judge Tymkovich moderates panel on public nuisance lawsuits
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A member of the federal appeals court based in Denver moderated a discussion earlier this fall about public nuisance lawsuits, including one pending before the Colorado Supreme Court seeking to hold oil and gas producers accountable for climate change. Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the 10th Circuit appeared on…
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Magistrates, lawyers discuss youth, guns and responses to school safety
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Adams County Magistrate Michal Lord-Blegen was a school administrator in Aurora when two teenagers killed 13 people and themselves at Columbine High School in 1999. The massacre was a lens through which she viewed her subsequent work as a principal and as a lawyer. “We’ve got a lot of kids with guns,” said Lord-Blegen earlier this…
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SCOTUS gun rights decision does not affect man’s firearm conviction, appeals court rules
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Colorado’s second-highest court declined to consider last week whether a man was convicted of a firearm offense under an unconstitutional law, noting the Colorado Supreme Court recently confirmed that changes in legal interpretation do not affect certain cases on appeal. A Pueblo County jury convicted Thomas Gene Rael in spring 2022 of being a prior…
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10th Circuit says no constitutional violation from Denver officers’ warrantless search of storage unit
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Denver police officers did not violate a man’s constitutional rights with their warrantless search of a storage locker he had been using without authorization in his apartment building, the federal appeals court based in Colorado ruled last month. Although the U.S. Court of Appeals for the 10th Circuit emphasized its Sept. 20 opinion hinged on specific shortcomings…
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10th Circuit: Archuleta sheriff’s officials committed constitutional violation by seizing home for 8 hours
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An Archuleta County sheriff’s detective who barred a man and his family from entering their home for nearly eight hours without a warrant committed a constitutional violation that required the eventual evidence of a firearm offense to be thrown out, the federal appeals court based in Denver ruled on Tuesday. Although Corban Josiah Elmore cooperated…
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10th Circuit agrees Aurora officer unconstitutionally detained man
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The federal appeals court based in Denver agreed last week that an Aurora officer unreasonably detained a Black man who looked nothing like what a 911 caller reported, resulting in a constitutional violation that required evidence of a firearm offense to be thrown out. Officer William Idler approached Lyndell Daniels in the parking lot of…
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Federal judge bars gun evidence in criminal case due to Denver police’s unconstitutional search
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A federal judge last week barred the government from using evidence from a man’s backpack in his prosecution for illegally possessing a weapon, following a Denver police officer’s unconstitutional search. The Fourth Amendment’s prohibition against unreasonable searches and seizures requires that law enforcement obtain a warrant or rely on a specific exception to the warrant…