warrant
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Colorado Springs officers to face civil trial for luring man out of home, chasing him inside prior to death
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A federal judge ruled last week that a jury will decide whether four Colorado Springs police officers violated a man’s constitutional rights by chasing him inside his home without a warrant and restraining him as he lay on the floor dying. Chad Alexander Burnett was mentally ill and allegedly behaving menacingly toward his neighbors. When…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
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Members of the Colorado Supreme Court suggested on Wednesday that Denver police could have moved more rapidly to obtain a search warrant for a man’s vehicle, but at the same time they doubted the delay amounted to a constitutional violation. A trial judge previously barred prosecutors from using evidence of narcotics found in Arthur Mills’…
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10th Circuit: Archuleta sheriff’s officials committed constitutional violation by seizing home for 8 hours
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An Archuleta County sheriff’s detective who barred a man and his family from entering their home for nearly eight hours without a warrant committed a constitutional violation that required the eventual evidence of a firearm offense to be thrown out, the federal appeals court based in Denver ruled on Tuesday. Although Corban Josiah Elmore cooperated…
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10th Circuit upholds Denver man’s convictions despite constitutional challenge
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Even though the search warrant for 836 N. Linley Court did not mention a detached garage and the prosecution conceded the garage was not included in the search warrant, the federal appeals court based in Colorado nonetheless agreed last month that Denver police lawfully entered the building and detained the man sleeping inside. The Fourth…
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10th Circuit upholds Denver man’s convictions despite constitutional challenge
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Even though the search warrant for 836 N. Linley Court did not mention a detached garage and the prosecution conceded the garage was not included in the search warrant, the federal appeals court based in Colorado nonetheless agreed last month that Denver police lawfully entered the building and detained the man sleeping inside. The Fourth…
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10th Circuit finds no constitutional violation from warrantless arrest in man’s front yard
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The federal appeals court based in Denver agreed on Wednesday that Greeley police did not violate the U.S. Constitution by walking onto a man’s front yard and pulling him out of his vehicle for a traffic infraction without a warrant. The Fourth Amendment generally requires law enforcement to obtain a warrant before conducting searches and…
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10th Circuit rules Denver police lawfully searched man’s ‘abandoned’ backpack
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The federal appeals court based in Colorado agreed with prosecutors earlier this month that a shooting suspect effectively abandoned ownership of his backpack, which permitted police to search it and uncover an illegally possessed handgun inside. The Fourth Amendment protects people from unreasonable searches and seizures wherever they have a reasonable expectation of privacy. The…
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Colorado appeals court overturns murder conviction due to unconstitutional search warrant
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Colorado’s second-highest court on Thursday reversed a woman’s murder conviction in Adams County because the search warrant police used to uncover incriminating information from her cell phone was unconstitutional. A jury convicted Dayna M. Jennings in 2019 of murdering her father, William Mussack, after she poisoned him with the animal sedative acepromazine and buried him in concrete…
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Colorado Supreme Court accepts cases on forced blood draws, mineral rights
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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…
