fourth amendment
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Thornton officer’s unlawful search prompts appeals court to overturn Adams County drug conviction
An Adams County judge wrongly allowed evidence from an unconstitutional search in a man’s trial, prompting Colorado’s second-highest court to overturn the drug conviction last month. Jurors convicted Thomas Sandoval of one count of drug possession, after a Thornton police officer discovered a small container of methamphetamine during a pat-down search for weapons. Sandoval appealed,…
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Federal judge, again, declines to dismiss lawsuit against Pueblo deputies in man’s killing
For the second time, a federal judge last week refused to dismiss the excessive force claims against a Pueblo County sheriff’s deputy who shot and killed a man outside a middle school after the man accidently tried to get into a car he mistook for his own. Kristy Ward Stamp, mother of the late Richard Ward,…
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10th Circuit allows man to sue officer for seizing personal items from pockets at Walmart
The federal appeals court based in Denver agreed last month that a man could sue an off-duty Aurora police officer for seizing items from his pockets at a Walmart store under the mistaken belief they were shoplifted. William Montgomery has filed a series of state and federal lawsuits based on a similar pattern of events:…
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10th Circuit finds no constitutional violation from warrantless arrest in man’s front yard
The federal appeals court based in Denver agreed on Wednesday that Greeley police did not violate the U.S. Constitution by walking onto a man’s front yard and pulling him out of his vehicle for a traffic infraction without a warrant. The Fourth Amendment generally requires law enforcement to obtain a warrant before conducting searches and…
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Federal judge grants immunity to Lakewood sergeant for deadly shooting
A federal judge concluded last month that a Lakewood police sergeant did not violate a man’s constitutional rights by shooting and killing him while trying to evacuate him from a burning basement. Jason Waterhouse was behaving erratically when he barricaded himself in the basement of his sister’s home, then started a fire while officers attempted…
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Loveland officer who shot puppy will face jury trial, federal judge rules
A jury will decide whether a Loveland police officer violated a couple’s constitutional rights when he shot their puppy in the head and torso, after a federal judge decided against granting immunity last week. Officer Mathew Grashorn had pulled up in an empty parking lot on a weekend to find Wendy Love and Jay Hamm…
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Colorado Supreme Court examines reasonableness of DPS search of student on ‘safety plan’
The Colorado Supreme Court considered this week what constitutional safeguards are necessary when school officials place students on “safety plans” that call for routine searches, even when there is no reasonable suspicion of an offense. The case may be the first in the country scrutinizing student safety plans, and balancing the Fourth Amendment’s prohibition on…
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10th Circuit upholds constitutionality of home search, Lakewood man’s gun conviction
The federal appeals court based in Denver agreed last week that law enforcement had reasonable suspicion to search a Lakewood man’s home and, upon discovering a gun, there was sufficient evidence to convict him of illegally possessing it. Charles Ramon III is serving a sentence of nearly 20 years after a jury convicted him of…