warrant
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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…
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Federal judge finds Montrose County deputy did not unlawfully seize 33 guns
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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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State Supreme Court OK’s forced blood draws for DUI suspects
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By a 6-1 decision on Monday, the Colorado Supreme Court determined state law permits police officers to obtain a warrant and forcibly draw blood from motorists who are suspected solely of driving drunk. Although the law currently enables law enforcement to draw blood in the absence of a warrant and without motorists expressing their consent…
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Golden man may sue officers for early-morning SWAT raid, shooting
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A federal judge has cleared the way for a Golden man to sue law enforcement officers for the injuries and damage they caused in executing an early-morning, no-knock warrant as part of a largescale operation against the Hells Angels Motorcycle Club. Dustin J. Ullerich’s civil rights lawsuit described in graphic terms how he was “literally…
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Judge finds Parker man cannot sue Aurora, officer for wrongful arrest
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A Parker man may not proceed to sue the city of Aurora and one of its officers for being wrongfully arrested for a theft he did not commit, a federal judge has decided. U.S. District Court Judge Daniel D. Domenico, while simultaneously finding Darren Rucker had not presented a viable claim against Aurora for the…
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Federal judge rejects immunity for Colorado Springs officers in suit over man’s death
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According to Colorado Springs, its officers acted reasonably during the hot pursuit of a felon. They applied minimal force to the resisting suspect and immediately changed course when they realized he might have stopped breathing. Lawyers for the now-deceased man, however, alleged the police had “preyed on” his mental disability, tasing him while he was…
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Faulty police warrant prompts appeals court to overturn La Junta man’s convictions
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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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Forced blood draws for DUI suspects under Colorado Supreme Court scrutiny
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Colorado’s Supreme Court justices appeared largely skeptical of the idea that police officers are forbidden from involuntarily drawing blood from a suspected drunk driver, even if there is a court-approved warrant to do so. During oral arguments on Thursday, the court explored the legislature’s intentions in enacting the “expressed consent law,” which established that motorists,…
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Appeals court says warrantless ‘ping’ of cell phone was permissible to find murder suspect
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The state’s second-highest court determined for the first time that police acted lawfully by obtaining a murder suspect’s real-time cell phone location from his wireless carrier. Courts around the country have reached different conclusions about whether cell site location information – or a “ping” – amounts to a search under the Fourth Amendment’s general prohibition on warrantless…
