fourth amendment
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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Colorado’s second-highest court last week upheld Denver’s discipline of two officers whose investigation of a domestic violence report was brief, failed to separate the victim from her abuser, and overlooked the victim’s severe injuries. Officers Cory Stuper and Brian Finneran argued that pervasive procedural violations in the adjudicative process and their own desire to respect…
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Colorado data‑privacy bill fails after sponsors shift it to a ballot measure
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A Colorado bill aimed at restricting law enforcement and private companies from purchasing personal data without a warrant failed to advance Wednesday after a 6–5 vote in the House Judiciary Committee. The proposal, originally titled the “Fourth Amendment Is Not For Sale Act,” had drawn rare support from groups that seldom agree on policy, including…
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10th Circuit upholds verdict against Denver, officer for protest-related violations
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The Colorado-based federal appeals court on Tuesday turned aside multiple challenges to a 2022 jury verdict that found Denver and one of its officers violated the constitutional rights of protesters and were liable for $14 million. In the first of many lawsuits culminating in a jury trial, 12 plaintiffs largely succeeded in arguing that Denver’s…
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
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Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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Colorado Supreme Court concerned about police overreach in interrogations
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Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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10th Circuit provides guidance on police searches of cloud-based data
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The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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Federal judge finds no constitutional violation by Huerfano County well inspectors
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A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…
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Colorado justices weigh constitutionality of student backpack search based on confidential tip
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The Colorado Supreme Court considered on Wednesday whether a tip submitted through the state’s confidential school safety system provided a Douglas County administrator with reasonable suspicion to search a student’s backpack for drugs. A trial judge blocked evidence from the search from being used against the child, prompting the district attorney’s office to appeal directly…
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‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
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The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
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10th Circuit rules Greeley officer unconstitutionally detained man standing outside home
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The Denver-based federal appeals court concluded last week that a Greeley police officer lacked reasonable suspicion to detain a man who was standing outside the door of a residence and not engaging in any indicators of criminal activity. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that the U.S.…