search and seizure
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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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Appeals court reverses ‘particularly brutal’ sex assault convictions due to flawed warrant
Colorado’s second-highest court reversed a Jefferson County defendant’s sexual assault and kidnapping convictions last month after concluding that police relied on an unconstitutionally broad search warrant to obtain evidence from the man’s cell phone. Jurors convicted Joseph Gabriel Van Eck of abducting multiple women near Colfax Avenue, driving them toward the mountains, and sexually assaulting…
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Colorado Supreme Court accepts child neglect, unlawful search appeals
The Colorado Supreme Court recently announced that it will decide whether a series of missteps led an El Paso County judge to improperly terminate a father’s parental rights, and whether a police officer defendant bears the burden of proving that his warrantless vehicle search was legally justified. At least three of the court’s seven members…
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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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Safe2Tell tip, corroborated details provided grounds to search backpack, Colorado justices rule
The Colorado Supreme Court decided this month that a tip submitted through the state’s confidential school safety system, plus a Douglas County administrator’s corroboration of some details, provided reasonable suspicion to search a student’s backpack for drugs. Someone submitted a tip through Safe2Tell, Colorado’s school safety reporting system, alleging a Chaparral High School student was smoking…
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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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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…
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Federal judge finds no constitutional violation by Huerfano County well inspectors
A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…