probable cause
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Denver detectives did not violate man’s rights in unsuccessful murder prosecution, judge finds
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A federal judge agreed last week that two Denver detectives could not be held liable for malicious prosecution because there was probable cause to pursue a murder charge against a defendant, even if jurors ultimately acquitted him. Michelle Jacobson died from a gunshot wound to the head in September 2019. Although there was evidence her…
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Federal judge allows Aurora protest leader to sue city, detective over prosecution
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A federal judge last week declined to dismiss a malicious prosecution lawsuit against the city of Aurora and one of its detectives, brought by a 2020 protest leader who alleged there was no probable cause to arrest her. Eliza Lucero was involved in a protest outside an Aurora Police Department station in July 2020. She…
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Lakewood police acted unconstitutionally in using drug detection dog, Supreme Court rules by 5-2
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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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Boulder County prosecutors’ evidence insufficient for attempted murder charges, appeals court agrees
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Colorado’s second-highest court agreed last week that Boulder County prosecutors fell short of demonstrating a man likely attempted extreme indifference murder against multiple SWAT officers when he set off an explosion in his hotel room, causing window damage without any injuries. Prosecutors charged Leon Kiyoshi Gladwell with attempted extreme indifference murder. Under Colorado law, a person…
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Federal judge green-lights trial over arrest of protester at Denver mayor’s 2019 inauguration
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A federal judge indicated on Monday that it is a jury’s role to decide whether Denver police officers violated a woman’s rights by arresting her for disrupting the inauguration ceremony of then-Mayor Michael Hancock in 2019. U.S. District Court Senior Judge William J. Martínez found the officers had not performed a clearly unconstitutional seizure of Caryn…
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Federal judge green-lights lawsuit for trial by man arrested for recording Denver police station
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A jury will decide whether two Denver police officers violated a man’s First Amendment rights when they arrested him for recording at a police station, a federal judge ruled on Monday. There was no dispute that a sign was posted on the window of the District 5 station in northeast Denver prohibiting video recording “in”…
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Colorado AG’s office scolded by appeals court for belated shift in argument
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The Colorado Attorney General’s Office received a rebuke from the state’s second-highest court on Thursday after it asked a panel of appellate judges to reverse course on a recent decision with an argument it never raised previously. Under the state’s appellate rules, a party may submit a petition for rehearing to the Court of Appeals…
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Colorado Supreme Court returns 3 cases to trial courts with instructions
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The Colorado Supreme Court decided three appeals this month in ongoing civil and criminal cases, either overturning trial judges’ faulty decisions or providing clarification for further proceedings. Although most of the Supreme Court’s decisions come at the conclusion of a case and after the Court of Appeals has rendered its ruling, the justices sometimes elect…
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No probable cause hearing for defendant already in prison, appeals court says
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An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…
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No probable cause hearing for defendant already in prison, appeals court says
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An El Paso County judge mistakenly dismissed a criminal charge against a man who was incarcerated out of state, Colorado’s second-highest court determined on Thursday, finding the judge incorrectly believed the defendant was entitled to a probable cause hearing. Colorado law gives suspects accused of serious felonies the right to a preliminary hearing, at which the…