fourth amendment
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Denver detox center did not violate man’s rights with 10-hour hold, 10th Circuit says
The Colorado-based federal appeals court concluded on Tuesday that Denver’s detoxification facility did not violate a man’s rights by holding him against his will for 10 hours until his blood alcohol content was projected to reach zero. Unusually, Brian Garrett’s lawsuit against Denver CARES unfolded as a federal jury concluded the organization violated the constitutional…
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10th Circuit agrees paramedic, officer not liable for constitutional violations in man’s death
The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death. Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in…
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Boulder police overreached in interrogating suspect, Colorado Supreme Court finds
Two Boulder detectives violated a man’s constitutional rights by interrogating him at his home using a court order that solely authorized the collection of his DNA evidence, the Colorado Supreme Court concluded on Tuesday. The ruling curtailed the ability of police to use a narrow category of court orders, issued without probable cause, to obtain…
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Colorado Supreme Court upholds police search of car based on arm movements
The Colorado Supreme Court decided last week that Denver officers’ search of a vehicle was constitutional, based on their perception of the occupants’ arm movements that a trial judge found to not be credible. Officers Keegan Grubb and Richard Eberharter were patrolling West Denver one night in February 2025. Their purpose was to make “as…
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Appeals court upholds discipline for Denver officers’ inadequate domestic violence investigation
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
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
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
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
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
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…