Tag: Search And Seizure
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Federal judge finds no constitutional violation by Huerfano County well inspectors
A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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Colorado justices rule trunk search constitutional in Arapahoe County shooting case
All of the circumstances gave sheriff’s deputies probable cause to believe a gun would be in the suspect’s trunk, the Supreme Court decided
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10th Circuit rules Denver police acted constitutionally by taking bullet removed from man
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Denver police did not violate the constitutional prohibition on unreasonable searches and seizures by obtaining a bullet, without a warrant, that was removed from a man’s leg and later used as evidence against him, the Colorado-based federal appeals court ruled on Tuesday. Law enforcement responded…
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Federal judge allows man to sue Aurora officer for alleged accidental discharge of gun
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A federal judge last week declined to dismiss a man’s excessive force claim against an Aurora police officer, who fired his gun in what the city alleged to be an accidental discharge. This spring, Arapahoe County jurors found Eugene Robertson guilty of numerous attempted murder charges. However, while he was incarcerated pending trial, Robertson filed suit against…
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Colorado Supreme Court ponders constitutionality of delayed vehicle search
A trial judge believed police waited longer than was necessary to obtain a warrant
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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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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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Appeals court endorses daily searches of Denver student under ‘safety plan’
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Facebook Twitter WhatsApp SMS Email Print Copy article link Save Colorado’s second-highest court found Denver school security officials acted lawfully by continuing their daily searches of a student with a prior handgun offense, even when the “safety plan” enabling the searches had no expiration date. It has been nearly four decades since the U.S. Supreme…