May 24, 2018

Archives for April 18, 2018

Colorado Supreme Court: Compliance with Departmental Policy Insufficient to Bring Seizure of Vehicle Within Exception to Fourth Amendment Warrant Requirement

The Colorado Supreme Court issued its opinion in People v. Quick on Monday, April 16, 2018.

Inventory Search—Impoundment.

The People brought an interlocutory appeal, as authorized by C.R.S. § 14 16-12-102(2) and C.A.R. 4.1, from a district court order granting Quick’s motion to suppress a gun found during an inventory search of his car. The district court initially denied the motion, but in light of the court of appeals’ opinion in People v. Brown, 2016 COA 150, __ P.3d __, it found that where Quick was merely cited, and not actually arrested, for driving with a suspended license, and where the only justification offered for seizing his car was instead the likelihood that he would continue to drive and thereby endanger public safety, the initial seizure of his car did not fall within the community caretaking exception to the probable cause and warrant requirements of the Fourth Amendment.

The supreme court affirmed the district court’s order. Compliance with a departmental policy or procedure is insufficient in and of itself to bring the seizure of a vehicle within an exception to the Fourth Amendment warrant requirement. Moreover, seizing a vehicle to prevent the driver from continuing to drive with a suspended license does not fall within the specific community caretaking exception.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Seizure of Vehicle Not Justified as Exercise of Police Caretaking Function

The Colorado Supreme Court issued its opinion in People v. Brown on Monday, April 16, 2018.

Inventory Search—Impoundment.

The People petitioned for review of the court of appeals’ judgment reversing Brown’s drug-related conviction on the ground that his motion to suppress should have been granted. See People v. Brown, 2016 COA 150, __ P.3d __. The district court found that the contraband in question was discovered during an inventory search of defendant’s vehicle, the conduct of which was within the officers’ discretion according to the policies and procedures of the Aurora Police Department, even though they had already decided to issue a summons rather than arrest defendant for driving with a suspended license. By contrast, the court of appeals found that in the absence of an arrest, seizing defendant’s vehicle to provoke an inventory of its contents could not be justified as an exercise of the police caretaking function, and in the absence of any other recognized exception to the probable cause and warrant requirements of the Fourth Amendment, violated its prohibition against unreasonable searches and seizures.

The supreme court affirmed the court of appeals’ judgment. The record failed to demonstrate that seizure of defendant’s vehicle was justified as an exercise of the police caretaking function or was otherwise reasonable within the meaning of the Fourth Amendment, regardless of local ordinances or police policies and procedures broad enough to grant the officers discretion to impound the vehicle of a driver merely summoned rather than arrested for driving with a suspended license.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 4/17/2018

On Tuesday, April 17, 2018, the Tenth Circuit Court of Appeals issued three published opinions and two unpublished opinions.

United States v. Ramirez-Hernandez

Schoenfeld v. Sides

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