search and seizure
-
Federal judge blocks evidence from Aurora police’s unconstitutional search
A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
-
‘Beware!’ 10th Circuit judge calls for full-court review of precedent on police searches without arrest
The Colorado-based federal appeals court green-lit an unreasonable search claim against a Denver police officer on Tuesday, while one judge called for full-court reconsideration of a 44-year-old precedent limiting law enforcement’s ability to search suspects even when probable cause exists to arrest them. William Montgomery’s lawsuit against Officer Armando Cruz featured several unusual developments, but…
-
10th Circuit rules Greeley officer unconstitutionally detained man standing outside home
The Denver-based federal appeals court concluded last week that a Greeley police officer lacked reasonable suspicion to detain a man who was standing outside the door of a residence and not engaging in any indicators of criminal activity. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that the U.S.…
-
10th Circuit finds Denver officers unconstitutionally searched man
The Colorado-based federal appeals court concluded last week that Denver officers lacked reasonable suspicion when they detained a group of people who happened to park on a public street near a vehicle used by a shooter 12 hours prior and several miles away. Prosecutors indicted one member of the group, Noah Huerta, for being a…
-
Divided appeals court upholds convictions despite ‘troubling and unfair’ contradictory police testimony
Colorado’s second-highest court upheld a man’s convictions for unlawful possession of a firearm on Thursday, even as the majority acknowledged it was potentially unfair that a Denver officer testified to a different sequence of events at trial than earlier in the case. Matthew Torres attempted to exclude from trial the evidence of a handgun in…
-
Appeals court finds Wheat Ridge officer lacked probable cause to arrest defendant
Colorado’s second-highest court on Thursday concluded a Wheat Ridge officer lacked probable cause to arrest a man because the information suggesting criminal activity was too minimal to act upon. Corporal Jeremy Schmitz was patrolling a truck stop off of Interstate 70 when he encountered a Toyota 4Runner that a database identified as stolen. The vehicle…
-
Appeals court overturns Adams County drug convictions due to unconstitutional police conduct
Colorado’s second-highest court overturned a man’s drug convictions and 25-year prison sentence on Thursday after concluding two Northglenn police officers unconstitutionally transformed a traffic stop into a drug investigation without reasonable suspicion of a crime. Clifton E. McRae, who was originally stopped for making an illegal turn, repeatedly declined to consent to a search of…
-
Appeals court overturns carjacking-related convictions after evidence error
Colorado’s second-highest court overturned some of a defendant’s carjacking-related convictions on Thursday, finding Arapahoe County prosecutors failed to establish that his text messages apparently confessing to the crime were admissible as evidence. The three-judge Court of Appeals panel also concluded the search warrant used to obtain information from T-Mobile was unconstitutionally broad, with some judges…
-
Federal judge bars evidence from pat-down, finds Sterling officer had no grounds to search motorist
A federal judge barred evidence from a pat-down search from being used against a defendant on Monday, concluding a Sterling police officer violated the man’s rights by searching him without a legal basis. Federal prosecutors indicted Jorge Sigala-Baray for being a felon in possession of a firearm. Police discovered the gun on Sigala-Baray after pulling him over for…
-
Divided Colorado Supreme Court upholds police’s pat-down of man in ‘wrong place at the wrong time’
The Colorado Supreme Court decided on Tuesday that police had not unlawfully seized a man when they patted him down in a chance encounter after he suddenly appeared outside the motel room where they were preparing to make an arrest. By 5-2, the justices believed Oscar Jonas Ganaway consented to the pat-down search, which resulted in…