Tag: Fourth Amendment
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10th Circuit ponders immunity for Loveland officer who shot puppy in head
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Members of the Denver-based federal appeals court heard arguments on Wednesday about whether a Loveland police officer violated a couple’s constitutional rights by shooting their puppy in the head and torso. In November 2023, U.S. District Court Senior Judge Raymond P. Moore declined to grant…
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Colorado Supreme Court upholds DPS search of student on ‘safety plan’
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save The Colorado Supreme Court agreed on Monday that Denver Public Schools personnel acted constitutionally when they searched a student’s backpack without a warrant or suspicion of wrongdoing, but instead pursuant to a “safety plan” created after his prior criminal conduct. The case appeared to be…
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Federal judge grants immunity to Lakewood sergeant for deadly shooting
Magistrate Judge Kathryn Starnella believed a ‘reasonable officer caught in a split-second decision-making situation’ would have used lethal force
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Loveland officer who shot puppy will face jury trial, federal judge rules
Jurors could find Officer Mathew Grashorn acted unreasonably by shooting a puppy who had come over to see him, Judge Raymond Moore concluded
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Colorado Supreme Court examines reasonableness of DPS search of student on ‘safety plan’
The constitutional challenge to the student’s backpack search narrowed to the question of whether he had notice his safety plan was in effect
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10th Circuit agrees Colorado trooper committed constitutional violation in I-70 vehicle search
Appellate courts have found multiple problems with state troopers’ investigations of suspected drug traffickers in Mesa County
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Federal judge declines to label appeal of Colorado police killing ‘frivolous’
Two Colorado Springs officers who repeatedly tased a man, causing his death, are being sued for excessive force
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Denver police lawfully searched man’s ‘abandoned’ backpack, 10th Circuit rules
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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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Denver police had no justification to search suspect’s backpack, 10th Circuit rules
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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Appeals court, 2-1, says judge went too far in authorizing ‘continuous’ monitoring of man’s devices
A Weld County judge mistakenly upheld a requirement that a defendant subject himself to ongoing monitoring of his keystrokes and data, including conversations with his attorneys, as part of his probation, Colorado’s second-highest court ruled on Thursday. A three-judge panel for the Court of Appeals decided, 2-1, that District Court Judge Vincente G. Vigil neglected…