March 3, 2015

Colorado Supreme Court: Where Home is Occupied by Two People, Only One Needs to Consent to Search

The Colorado Supreme Court issued its opinion in People v. Fuerst on Monday, May 20, 2013.

Suppression of Evidence—Consent to Search.

The Supreme Court held that respondent Kim Maurice Fuerst’s decision to silently remain behind a locked door inside his home did not constitute an express refusal of consent to a police search. Therefore, Fuerst’s wife’s free and voluntary consent to the search of the couple’s home was valid as to Fuerst. The trial court’s order granting Fuerst’s motion to suppress evidence obtained during the search was reversed.

Summary and full case available here.

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