May 19, 2019

Colorado Supreme Court: Common Law Rule Allowing Bonding Agent’s Privilege to Enter Does Not Exist in Colorado

The Colorado Supreme Court issued its opinions in Weinstein v. People; Oram v. People on May 16, 2011.

Criminal LawBurglary

In these companion cases, the supreme court affirms the opinion of the court of appeals. The court holds that the common law bonding agent’s privilege does not exist in Colorado. Accordingly, Weinstein and his partner Oram could not rely on that privilege to enter a private residence in search of a bonded individual. Because Weinstein and Oram represented that they were law enforcement officers in order to gain entry into the private residence, there was sufficient evidence that they knowingly entered the private residence unlawfully. Lastly, because none of the named victims of the burglary consented to the entry, the court holds that the trial court appropriately rejected an affirmative defense instruction on the issue of consent.

Summary and full cases available here.

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