probable cause
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
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Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
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Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Colorado Supreme Court recognizes defendants may appeal magistrates’ probable cause rulings
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Addressing an issue never previously decided, the Colorado Supreme Court clarified on Monday that criminal defendants do have the right to appeal a magistrate’s decision that probable cause exists to hold a trial on the charged offenses. Colorado law provides for preliminary hearings, whose purpose is to screen out cases where prosecutors do not have probable…
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Judge sanctions woman suing Colorado Springs police, finds she withheld evidence
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A federal judge last week authorized financial sanctions against a woman and her lawyers who are suing Colorado Springs police for a constitutional violation, finding she disobeyed court orders and failed to hand over evidence to the defense. Sasha Cronick is pursuing claims of unreasonable search and seizure and false arrest against the officers who…
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Appeals court orders prison riot charges reinstated against Fremont County inmate
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Colorado’s second-highest court on Thursday concluded a trial judge and a magistrate in Fremont County both mistakenly dismissed prison rioting charges against an incarcerated man when they should have found probable cause existed to proceed to trial. During a preliminary hearing in the case of Dreion M. Dearing, where the prosecution needed to demonstrate probable…
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Durango officials immune from suit despite questions about probable cause, 10th Circuit rules
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The federal appeals court based in Denver acknowledged on Monday that there were “valid questions” about whether Durango police had probable cause to arrest a man, but ultimately awarded immunity to the officers and prosecutors for their unsuccessful criminal case against the suspect. Christopher Joe Clark alleged law enforcement should not have arrested him for…
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Federal judge denies immunity to Denver officer sued for false arrest, retaliation
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A federal judge has declined to dismiss a lawsuit alleging a Denver police officer arrested a man without probable cause of a crime and retaliated against him when the man asked a bystander to record the interaction. John Collins claimed Officer Austin Barela approached him while he was working to fix a car, then badgered…
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Federal judge finds Montrose County deputy did not unlawfully seize 33 guns
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A Montrose County sheriff’s deputy had probable cause to search a Cimarron home and seize 33 firearms based on information she learned about one of the home’s occupants, a federal judge ruled on Monday. Anna Dulaney, the owner of the home, sued Deputy Angela Grubbs for an alleged Fourth Amendment violation, arguing Grubbs’ application for a…
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By 4-3, state Supreme Court blocks probable cause hearings for class of defendants
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Even though all parties agreed John Robert Hacke will receive a mandatory prison sentence if convicted of identity theft, a majority of the Colorado Supreme Court decided on Monday that Hacke is not eligible for a hearing where he can challenge prosecutors’ evidence of probable cause. By 4-3, the Supreme Court found the requirement in…
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Judge finds no constitutional violation by Englewood officer who arrested man filming encounter
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A federal judge concluded on Thursday that an Englewood police officer did not violate the constitutional rights of a man by arresting him after he attempted to video record the officer from a public sidewalk. Five months ago, the federal appeals court with jurisdiction over Colorado recognized for the first time that the First Amendment…
