fourth amendment
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
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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Federal judge grants immunity to Colorado Springs paramedic, officer for man’s death
A federal judge has concluded that a Colorado Springs paramedic and police officer could not be held liable for their roles in restraining a man in mental health crisis, leading to his death. U.S. District Court Judge Charlotte N. Sweeney determined Sean Reed and Nick Fischer were entitled to qualified immunity, which is a judicial…
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10th Circuit sides with Golden officers in constitutional lawsuit over arrest, cell phone search
Members of the Golden Police Department did not violate a man’s clearly established rights when they arrested him on suspicion of retaliating against a witness and used a defective warrant to search his phone, the federal appeals court based in Denver ruled last week. Wayne Dean Wieber was involved in a long-running neighborhood dispute, to…
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10th Circuit revives transgender detainee’s lawsuit against El Paso County sheriff
The federal appeals court based in Denver ruled on Wednesday that a transgender detainee at the El Paso County jail could proceed with her lawsuit against the sheriff and a deputy for alleged violations of her constitutional rights. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed that several of…
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Lakewood police acted unconstitutionally in using drug detection dog, Supreme Court rules by 5-2
Lakewood police violated the constitutional prohibition on unreasonable searches by ensuring a driver’s door remained open so a drug detection dog could sniff inside the vehicle without probable cause, the Colorado Supreme Court concluded on Monday. In the 5-2 decision, all justices agreed with the principle that law enforcement conducts a search if they “facilitate”…
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Colorado Supreme Court says license plate corresponding to other vehicle is grounds for stopping driver
An Adams County deputy’s discovery that the license plates on a vehicle were registered to another car provided him the reasonable suspicion required to detain the driver, the Colorado Supreme Court ruled on Monday. However, the justices stopped short of deeming the subsequent vehicle search constitutional, as the trial judge had not yet evaluated whether…
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Federal judge dismisses man’s claims against Jeffco SWAT officers for home raid
A federal judge last month dismissed a man’s claims that Jefferson County SWAT team members violated his constitutional rights by forcefully entering his home with little warning, damaging the apartment and removing him half-naked while they executed a search warrant. Lance P. Schendorf is serving a 20-year prison sentence after a jury convicted him in…
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Jeffco murder conviction overturned after appeals court finds police unconstitutionally accessed cell phone
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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Federal judge stands by ruling dismissing some of protesters’ claims against Denver
A federal judge last week refused to alter her ruling allowing only some claims to proceed to a jury trial against Denver for its alleged constitutional violations against protesters. Numerous judges this year have found Denver or its officers may be held liable for excessive force or First Amendment violations in a series of lawsuits.…
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Federal judge green-lights another lawsuit for trial over Denver’s response to 2020 protests
Another federal judge cleared the way last week for a jury to decide whether Denver and one of its officers violated the constitutional rights of 14 protesters during the summer of 2020. U.S. District Court Judge S. Kato Crews concluded the plaintiffs offered sufficient evidence for jurors to find they were exercising their First Amendment…