The Colorado Supreme Court issued its opinion in People v. Arapu on June 4, 2012.
Scope of a suspect’s consent to search a dwelling, review of a redacted affidavit supporting a search warrant, independent source rule
The supreme court holds that a suspect who consents to a law enforcement officer entering his dwelling to monitor another person inside permits the law enforcement officer to ask the monitored person for identifying information. The supreme court also holds that a suspect who consents to a law enforcement officer remaining inside his dwelling — to gather belongings and to secure the dwelling — permits the law enforcement officer to remain in the apartment until all law enforecement personnel have left the dwelling. Thus, the supreme court reverses the district court’s suppression of the drug-related evidence. The supreme court also reverses the district court’s suppression of a firearm because it would have been discovered in a search pursuant to a warrant supported by a redacted affidavit that independently established probable cause to search the apartment for drug-related evidence. Accordingly, the supreme court remands this case to the district court for proceedings consistent with its opinion.
Summary and full case available here.
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