search and seizure
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Aurora officer’s search of 17-year-old was unconstitutional, appeals court rules
An Aurora officer lacked proper justification to search a 17-year-old vehicle passenger, and an Arapahoe County judge mistakenly allowed evidence from the search to be used against the teenager, Colorado’s second-highest court ruled last month. During his pat-down of a boy identified by the initials E.J.G., Officer James Snapp uncovered a gun. For possessing a…
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10th Circuit agrees Colorado Springs officer did not commit constitutional violation at church
The federal appeals court based in Denver agreed on Monday that a Colorado Springs police officer had not committed a constitutional violation by walking up to a church that had a “no trespassing” sign, knocking on the door and asking to come in. Candace Sgaggio alleged that Officer Marcus Allen violated her Fourth Amendment right…
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Colorado Supreme Court accepts cases on forced blood draws, mineral rights
The Colorado Supreme Court agreed to review two cases on appeal in the past two weeks, with one questioning the constitutionality of forced blood testing on suspected drunk drivers and the other involving a dispute over oil and gas rights underneath a public street in Greeley. At least three of the court’s seven members must…
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Colorado appeals court rules warrantless search of man’s computer constitutional
Fort Collins police acted constitutionally when they viewed and collected files depicting illegal activity from a defendant’s computer without a warrant, Colorado’s second-highest court ruled last week. The case questioned whether the Fourth Amendment, which prohibits unreasonable searches and seizures, applies when a private party shows a video on another person’s device to law enforcement –…
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Federal judge finds Montrose County deputy did not unlawfully seize 33 guns
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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Faulty police warrant prompts appeals court to overturn La Junta man’s convictions
Colorado’s second-highest court concluded last month that police relied on an illegal search warrant to obtain evidence against a La Junta man despite having no probable cause for a crime. A three-judge panel for the Court of Appeals reversed the theft and attempted trespass convictions of David Leon Gearhart based on the Fourth Amendment’s requirement…
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Appeals court endorses daily searches of Denver student under ‘safety plan’
Colorado’s second-highest court has found Denver school security officials acted lawfully by continuing their daily searches of a student with a prior handgun offense, even when the “safety plan” enabling the searches had no expiration date. It has been nearly four decades since the U.S. Supreme Court ruled in-school searches do not require probable cause…
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State Supreme Court rules officers had more than ‘hunch’ to detain suspected drug distributor
Officers who conducted extended surveillance of a suspected drug distributor in Larimer County had reasonable suspicion to detain and search him, the Colorado Supreme Court ruled on Monday, reversing a trial court judge who believed police were operating solely on a “hunch.” District Court Judge Stephen J. Jouard agreed last year to suppress drug evidence…