May 22, 2018

Archives for January 17, 2018

Colorado Supreme Court: Announcement Sheet, 1/16/2018

On Tuesday, January 16, 2018, the Colorado Supreme Court issued one published opinion.

People v. Fields and People v. Reed

The summary for these cases is forthcoming.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Colorado Supreme Court: Officers Acquired Reasonable Suspicion By the Time Stop Became Investigatory

The Colorado Supreme Court issued its opinion in People v. Fields and People v. Reed on Tuesday, January 16, 2018.

Contact-Short-of-a-Stop—Reasonable Articulable Suspicion—Probable Cause—Inevitable Discovery.

The People brought interlocutory appeals, as authorized by C.R.S. § 16-12-102(2) and C.A.R. 4.1, from the district court’s orders suppressing contraband and statements in the related prosecutions of defendants Fields and Reed. The district court found that the initial contact with both defendants in a parked car constituted an investigatory stop for which the police lacked reasonable articulable suspicion, and it suppressed all evidence acquired after the point of initial contact as the fruit of an unlawful stop.

The supreme court reversed the district court’s suppression orders and remanded the case for further proceedings. The court held that the district court failed to appreciate that the officers’ initial contact with defendants fell short of a stop. By the point at which the contact progressed to a seizure within the contemplation of the Fourth Amendment, the officers had acquired the requisite reasonable articulable suspicion, and subsequently probable cause, to justify their investigative conduct, or inevitably would have lawfully arrested defendants and discovered the contraband.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 1/16/2018

On Tuesday, January 16, 2018, the Tenth Circuit Court of Appeals issued no published opinion and two unpublished opinions.

Saggiani v. Strong

Mendoza v. Trump

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.