suppression
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Colorado Supreme Court says license plate corresponding to other vehicle is grounds for stopping driver
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An Adams County deputy’s discovery that the license plates on a vehicle were registered to another car provided him the reasonable suspicion required to detain the driver, the Colorado Supreme Court ruled on Monday. However, the justices stopped short of deeming the subsequent vehicle search constitutional, as the trial judge had not yet evaluated whether…
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Colorado Supreme Court tosses Boulder DA’s appeal for failure to follow procedure
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Although the Colorado Supreme Court indicated earlier this year that it might intervene in an ongoing Boulder County prosecution implicating a key 2020 police reform law, the justices reversed course last week after realizing the district attorney’s office neglected to follow the correct appellate procedure. Originally, the prosecution sought the Supreme Court’s immediate guidance on…
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Thornton officer’s unlawful search prompts appeals court to overturn Adams County drug conviction
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An Adams County judge wrongly allowed evidence from an unconstitutional search in a man’s trial, prompting Colorado’s second-highest court to overturn the drug conviction last month. Jurors convicted Thomas Sandoval of one count of drug possession, after a Thornton police officer discovered a small container of methamphetamine during a pat-down search for weapons. Sandoval appealed,…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
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Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…
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State Supreme Court rules officers had more than ‘hunch’ to detain suspected drug distributor
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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…
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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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In marijuana case, state Supreme Court weighs appeal procedures
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A case that began when two Denver police officers smelled marijuana in a parked car has morphed into a question about the kinds of arguments criminal defendants are allowed to make to the Colorado Supreme Court when prosecutors challenge a trial court’s ruling. The Supreme Court’s decision will implicate how broadly or narrowly defendants can…
