seizure
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10th Circuit rules Denver police had no justification to search suspect’s backpack
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Denver police were unjustified in searching a suspect’s backpack, the federal appeals court based in Colorado ruled on Tuesday, meaning the loaded firearm found inside cannot be used as evidence of a crime. The Fourth Amendment guards against unreasonable searches and seizures, and there are circumstances under which a warrantless search may be constitutional. But…
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10th Circuit agrees warrantless entry into Aurora man’s home not a clear constitutional violation
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The federal appeals court based in Colorado agreed on Wednesday that police officers were entitled to immunity for entering a man’s Aurora home without a warrant and performing a “protective sweep” that included removing his sleeping infant. A protective sweep generally does not involve looking for evidence, but, rather, it entails law enforcement moving through…
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10th Circuit upholds home search because defendant’s mom invited police to look around
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The federal appeals court based in Denver has agreed police were lawfully inside an Adams County home at the explicit invitation of the defendant’s mother when they spotted the defendant’s handgun in a drawer, leading to federal charges for firearms possession. Mario Raymond Sanchez is serving a three-year sentence for possessing a weapon despite a…
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In rare move, appeals court reverses itself to concede unlawful search
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After taking an extraordinary third look at a criminal appeal out of Gilpin County, Colorado’s second-highest court this week made the rare move of withdrawing its prior decisions and reversing the defendant’s drug conviction. Nearly 11 months after it first concluded a sheriff’s deputy lawfully seized a sunglasses case from Robert Scott Schweizer’s van that contained methamphetamine, a…
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Judges uphold police search stemming from IP address, but disagree on legal justification
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Law enforcement in Clear Creek County was in the process of executing a search warrant at a Silver Plume home, looking for devices containing child pornography, when they encountered Kevin M. Dhyne, a tenant in the house’s basement. Dhyne volunteered to a detective that he used his landlord’s Internet – an admission that would culminate in…
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10th Circuit mulls whether to recognize right of hemp producers to sue for plant confiscation
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One day after Francisco Serna passed through Denver International Airport, he filed a lawsuit in federal court with a three-sentence description of what happened when he attempted to carry his hemp plants through security. “I was travelling with 32 plant clones or rooted clippings compliantly produced under Subtitle G of 2018 Farm Bill Act,” Serna…
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Judge tosses suit by ‘high priestess’ of cannabis-focused church against Colorado Springs police
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A federal judge confirmed last month that neither Colorado Springs police nor the city itself was liable for any constitutional violation, tossing a lawsuit from the leader of a cannabis-focused ministry who was unhappy with officers’ presence on her property. Candace Sgaggio, the “high priestess” for Green Faith Ministry, claimed law enforcement personnel violated her…
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10th Circuit reinstates claim against Mesa County deputy over inmate’s jail death
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A Mesa County sheriff’s deputy who noticed a seizure-prone detainee might not be breathing and let 10 minutes elapse before summoning medical help may be held liable for the man’s death, the federal appeals court based in Denver has ruled. At the same time, the three-judge panel for the U.S. Court of Appeals for the…
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State Supreme Court declines to give Weld County prosecutors another chance to argue for unlawful seizure
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There was little truth to Weld County prosecutors’ claim that a trial judge failed to give them the opportunity to defend a warrantless police seizure, the Colorado Supreme Court ruled on Monday. The justices unceremoniously swatted away an appeal from the Weld County District Attorney’s Office in an unusual unsigned opinion. The appeal arose after…
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Judge allows limited claims to proceed against Colorado Springs detective for search, harassment
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A Colorado Springs man failed to plausibly show that a detective violated his constitutional rights by searching his home following a report of police impersonation and unlawful firearm ownership, a federal judge has decided. However, U.S. District Court Chief Judge Philip A. Brimmer also permitted two of Brian Halik’s claims to proceed: First, that he…
