March 18, 2018

Colorado Supreme Court: Warrantless Searches Justified by Probable Cause or Exigent Circumstances

The Colorado Supreme Court issued its opinion in People v. Ball on Monday, December 18, 2017.

Scope of an Investigatory Stop—Domestic Violence—Custodial Interrogation—Automobile Exception.

The People filed an interlocutory appeal, as authorized by C.R.S. § 16-12-102(2) and C.A.R. 4.1, from an order of the district court suppressing statements made by, and contraband seized from, Ball. Although the district court found her initial stop to be supported by reasonable articulable suspicion, it nevertheless found that before she made any inculpatory statements, the seizure of her person had exceeded the permissible scope of an investigatory stop; that she was already under arrest by the time she was interrogated without the benefit of Miranda warnings; and that her subsequent consent to search her purse and car was not voluntary.

The Colorado Supreme Court reversed the district court’s suppression order and remanded the case for further proceedings. The court held that the district court either misapprehended or misapplied the controlling legal standards governing investigatory stops, arrests, and custodial interrogations, and that the warrantless searches of defendant’s car and purse were justified on the basis of probable cause and exigent circumstances, without regard for the voluntariness of her consent or compliance with the dictates of C.R.S. § 16-1-301, the statute governing consensual vehicle searches in this jurisdiction.

Summary provided courtesy of Colorado Lawyer.

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