March 24, 2019

Archives for June 9, 2015

Final Bills of 2015 Legislative Session Signed; Three Sent to Secretary of State Without Signature

CapitolbuildingOn Friday, June 5, 2015, Governor Hickenlooper signed 60 bills into law and allowed three bills to become law without a signature. To date, Governor Hickenlooper has signed 362 bills into law, vetoed three bills, and allowed three to become law without a signature. The bills signed Friday are summarized here.

  • SB 15-011 – Concerning the Pilot Program for Persons with Spinal Cord Injuries Relating to the Use of Complimentary and Alternative Medicine, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Dianne Primavera. The bill continues the Medicaid Spinal Cord Injury Alternative Medicine Pilot Program and expands the program so it can serve additional clients.
  • SB 15-090Concerning the Adoption of Standards Governing Temporary Permits on Motor Vehicles for Effective Readability, and, in Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Max Tyler. The bill requires that temporary motor vehicle plates meet the same requirements regarding readability as permanent plates.
  • HB 15-1310 – Concerning the Authority of the Division of Parks and Wildlife to Acquire Real Property for their Garfield County Administrative Office and Public Service Center, and, in Connection Therewith, Making an Appropriation, by Rep. Bob Rankin and Sen. Randy Baumgardner. The bill allows the Division of Parks and Wildlife to purchase a specific property in Garfield County.
  • HB 15-1318 – Concerning the Requirements for Administering a Single Medicaid Waiver for Home- and Community-Based Services for Adults with Intellectual and Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill requires the Department of Health Care Policy and Financing to consolidate two waiver programs for adults with intellectual and developmental disabilities.
  • HB 15-1252 – Concerning an Extension of the Number of Years the Individual Income Tax Return Includes a Voluntary Contribution Designation for the Colorado Healthy Rivers Fund, by Rep. Diane Mitsch Bush and Sen. Jerry Sonnenberg. The bill extends the voluntary check-box contribution for the Colorado Healthy Rivers Fund until 2020.
  • HB 15-1166 – Concerning the Creation of a Tributary Groundwater Monitoring Network in the South Platte River Alluvial Aquifer, and, in Connection Therewith, Making an Appropriation, by Reps. Lori Saine & Jeni James Arndt and Sen. Vicki Marble. The bill creates a basin-wide tributary groundwater monitoring network in the South Platte River alluvial aquifer based on recommendations from a CWCB report.
  • HB 15-1283 – Concerning Marijuana Testing, and, in Connection Therewith, Creating a Reference Lab by December 31, 2015, that will House a Library of Testing Methodologies and Making an Appropriation, by Rep. Steve Lebsock and Sen. Chris Holbert. The bill requires the Department of Public Health and Environment to develop and maintain a marijuana laboratory testing reference library.
  • HB 15-1368 – Concerning the Creation of a Cross-System Response for Behavioral Health Crises Pilot Program to Serve Individuals with Intellectual or Developmental Disabilities, and, in Connection Therewith, Making an Appropriation, by Rep. Dave Young and Sen. Kevin Grantham. The bill creates a pilot program to support collaborative approaches for individuals with intellectual or developmental disabilities and a mental health or behavioral disorder.
  • HB 15-1247 – Concerning the Implementation of the Legislative Audit Committee’s Recommendations for Review of Dam Safety, by Rep. Lori Saine and Sen. Tim Neville. The bill increases the fees charged by the State Engineer for dam project design review.
  • HB 15-1248 – Concerning Limited Access by Private Child Placement Agencies to Records Relating to Child Abuse or Neglect for Purposes of Ensuring Safe Placements for Foster Children, and, in Connection Therewith, Making an Appropriation, by Rep. Jonathan Singer and Sen. Owen Hill. The bill permits one representative at each child placement agency to review records of potential foster parents for reports of abuse or neglect.
  • HB 15-1355 – Concerning Access to Personal Records Relating to a Person’s Family History, by Reps. Lori Saine & Jonathan Singer and Sens. Vicki Marble & Linda Newell. The bill allows an adult adoptee to access his or her birth certificate and that of his or her adult sibling in Colorado.
  • HB 15-1357 – Concerning the Establishment of the Ratio of Valuation for Assessment of Residential Real Property, by Reps. Lois Court & Brian DelGrosso and Sens. Tim Neville & Michael Johnston. The bill establishes the residential assessment rate for 2015-2016 and does not change it.
  • SB 15-020 – Concerning Education Regarding the Prevention of Child Sexual Abuse and Assault, and, in Connection Therewith, Making an Appropriation, by Sen. Linda Newell and Rep. Beth McCann. The bill expands the duties of the School Safety Resource Center to include providing education and materials regarding awareness and prevention of child sexual assault.
  • SB 15-109 – Concerning the Mandatory Reporting of Mistreatment Against an Adult with a Disability, by Sen. Kevin Grantham and Rep. Dave Young. The bill expands the at-risk adult reporting requirements to include adults with intellectual and developmental disabilities.
  • SB 15-195 – Concerning Appropriating to the Department of Corrections Moneys Generated as Savings from the Awarding of Achievement Earned Time to Inmates, and, in Connection Therewith, Making and Reducing Appropriations, by Sen. Pat Steadman and Rep. Millie Hamner. The bill limits the amount of earned time savings that may be used toward education and parole programs.
  • SB 15-196 – Concerning Measures to Ensure Industrial Hemp Remains Below a Delta-9 Tetrahydrocannabinol Concentration of No More than Three-Tenths of One Percent on a Dry Weight Basis, and, in Connection Therewith, Making an Appropriation, by Sens. Vicki Marble & Pat Steadman and Reps. Steve Lebsock & Lois Saine. The bill expands the industrial hemp committee and imposes new regulations on industrial hemp.
  • SB 15-220 – Concerning Security for the Colorado General Assembly, by Sens. Morgan Carroll & Bill Cadman and Reps. Crisanta Duran & Brian DelGrosso. The bill requires the Colorado State Patrol to provide protection for the members of the General Assembly.
  • SB 15-256 – Concerning the Operation of the Legislative Committee that Oversees the Colorado Health Benefit Exchange, and, in Connection Therewith, Making an Appropriation, by Sen. Ellen Roberts and Rep. Beth McCann. The bill makes several changes to the Colorado health benefit exchange committee’s duties.
  • SB 15-115 – Concerning the Sunset Review of the Medical Marijuana Programs, by Sen. Owen Hill and Rep. Ellen Roberts. The bill continues the Medical Marijuana Code until 2019 and implements some changes to the program.
  • HB 15-1063 – Concerning Prohibited Communication Concerning Patents, and, in Connection Therewith, Making an Appropriation, by Rep. Dan Pabon and Sen. David Balmer. The bill establishes a framework for communications between parties regarding patent rights.
  • HB 15-1178 – Concerning the State Engineer’s Authority to Allow Well Users to Lower the Water Table in an Area that the State Engineer Determines is Experiencing Damaging High Groundwater Levels, and, in Connection Therewith, Establishing an Emergency Dewatering Grant Program for the Purpose of Lowering the Water Table in Areas of Gilcrest, Colorado, and Sterling, Colorado and Making an Appropriation, by Reps. Lori Saine & Stephen Humphrey and Sens. Vicki Marble & Jerry Sonnenberg. The bill establishes the Emergency Dewatering Grant Program for the emergency pumping of wells.
  • HB 15-1102 – Concerning the Expansion of the “Colorado Cottage Foods Act”, and, in Connection Therewith, Increasing the Food Products a Producer Can Sell Under the Act, Requiring an Additional Disclaimer, and Making an Appropriation, by Reps. Millie Hamner & Yeulin Willett and Sens. Kerry Donovan & Kevin Grantham. The bill divides the foods that can be produced under the Cottage Foods Act into two tiers.
  • SB 15-012 – Concerning the Treatment of Child Support for Purposes of the Colorado Works Program, and, in Connection Therewith, Making an Appropriation, by Sen. John Kefalas and Rep. Brittany Pettersen. The bill allows the Department of Human Services to disregard child support income when determining eligibility for the TANF program.
  • HB 15-1219 – Concerning the Enterprise Zone Investment Tax Credit for Renewable Energy Products, and, in Connection Therewith, Making an Appropriation, by Reps. Beth McCann & Jon Becker and Sens. Mary Hodge & Jerry Sonnenberg. The bill allows a taxpayer who places a renewable energy product in an enterprise zone to receive a refund of the tax credit.
  • HB 15-1228 – Concerning the Special Fuel Excise Tax on Liquefied Petroleum Gas, and, in Connection Therewith, Making an Appropriation, by Reps. Diane Mitsch Bush & Jon Becker and Sen. Ray Scott. The bill makes several changes to the administration and collection of the special fuel excise tax program for liquefied petroleum.
  • HB 15-1350 – Concerning Performance Measures for Accrediting an Alternative Education Campus, by Rep. Brittany Pettersen and Sen. Owen Hill. The bill requires the Department of Education to convene stakeholder meetings to review statutes and rules related to performance indicators for the accreditation of alternative education campuses.
  • HB 15-1392 – Concerning Changes to the State’s Payroll System to Allow All State Employees to be Paid Twice a Month, by Reps. Dave Young & Jack Tate and Sens. Linda Newell & Tim Neville. The bill changes the pay schedule for all state employees to twice a month.
  • HB 15-1352 – Concerning Modifications to the Naturopathic Formulary of Medications that a Registered Naturopathic Doctor is Authorized to Use in the Practice of Naturopathic Medicine, by Reps. Joann Ginal & Kathleen Conti and Sens. Larry Crowder & Linda Newell. The bill expands the authority of naturopathic doctors in several ways.
  • HB 15-1353 – Concerning the Continuation of the Regulation of Conveyances, and, in Connection Therewith, Extending the Certification of Conveyances and Conveyance Mechanics, Contractors, and Inspectors of Elevators and Escalators Until July 1, 2022, by Rep. Alec Garnett and Sen. Beth Martinez Humenik. The bill extends the Elevator and Escalator Certification Act to regulate conveyances.
  • HB 15-1360 – Concerning the Use of Injection Therapy by Acupuncturists Licensed Pursuant to Article 29.5 of Title 12, Colorado Revised Statutes, by Rep. Joann Ginal and Sen. Kevin Lundberg. The bill allows licensed acupuncturists to practice injection therapy.
  • HB 15-1083 – Concerning Patient Financial Contributions for Physical Rehabilitation Services, and, in Connection Therewith, Making an Appropriation, by Rep. Dianne Primavera and Sen. Larry Crowder. The bill requires the Colorado Commission on Affordable Health Care to conduct a study of the costs of physical rehabilitation services.
  • HB 15-1261 – Concerning the Maximum Reserve for a Cash Fund with Fee Revenue, by Rep. Dave Young and Sens. Kevin Grantham & Pat Steadman. The bill alters the cash fund reserve requirement.
  • HB 15-1273 – Concerning Additional Comprehensive Reporting Requirements for School Discipline Reports, and, in Connection Therewith, Requiring a Post-Enactment Review of the Implementation of this Act and Making an Appropriation, by Rep. Polly Lawrence and Sen. Linda Newell. The bill adds sexual assaults and marijuana violations to the list of items that must be included in a safe schools report.
  • HB 15-1370 – Concerning Access to Certain Records of a County Department of Human or Social Services Containing Personal Identifying Information by an Auditor Conducting a Financial or Performance Audit of that Department, by Rep. Dianne Primavera and Sens. Lucia Guzman & Tim Neville. The bill permits an auditor access to all files of a county department of human or social services that are needed to conduct the audit.
  • SB 15-029 – Concerning a Study of Volunteer Firefighter Pension Plans in the State, and, in Connection Therewith, Making an Appropriation, by Sen. Jessie Ulibarri and Rep. Jovan Melton. The bill requires the state auditor to conduct a study of firefighter pension plans in Colorado.
  • SB 15-184 – Concerning Enforcement of Compulsory Education Requirements, by Sen. Chris Holbert and Rep. Rhonda Fields. The bill requires the chief judge in each judicial district to convene a meeting of stakeholders to find ways to address truancy other than detention.
  • SB 15-203 – Concerning Continuation of the Regulation of Debt-Management Service Providers by the Attorney General, and, in Connection Therewith, Implementing the Recommendations of the 2014 Sunset Report by the Department of Regulatory Agencies, by Sen. John Cooke and Rep. Dan Pabon. The bill continues the Uniform Debt-Management Services Act.
  • SB 15-228 – Concerning a Process for the Periodic Review of Provider Rates Under the “Colorado Medical Assistance Act”, and, in Connection Therewith, Making an Appropriation, by Sen. Pat Steadman and Rep. Bob Rankin. The bill establishes a process for the Department of Health Care Policy and Financing to review Medicare provider rates.
  • SB 15-261 – Concerning a Modification to the Statute that Specifies the Forms of Public Notice that a Public Utility May Provide Regarding a Change in the Public Utility’s Schedule of Charges to Allow a Request for an Alternative Form of Notice within the Same Formal Application that the Public Utility Files with the Public Utilities Commission When Applying for a Change in the Public Utility’s Schedule of Charges, by Sen. Jerry Sonnenberg and Rep. Dave Young. The bill allows public utilities to request rate changes during existing proceedings.
  • HB 15-1282 – Concerning the Creation of Crimes Involving Deception about Material Information in Connection with Birth Certificates, by Rep. Lois Saine and Sen. Linda Newell. The bill creates a class 2 misdemeanor for anyone who intentionally omits material information in the preparation of a birth certificate.
  • HB 15-1309 – Concerning the Placement of Interim Therapeutic Restorations by Dental Hygienists, and, in Connection Therewith, Ensuring Medicaid and Children’s Basic Health Plan Reimbursement for Services Provided Through the Use of Telehealth Related to Interim Therapeutic Restoration Procedures and Making an Appropriation, by Rep. Joann Ginal and Sen. Larry Crowder. The bill allows dental hygienists to perform therapeutic restorations.
  • HB 15-1333 – Concerning the Creation of a Regional Center Depreciation Account in the Capital Construction Fund for Maintenance of the State’s Regional Centers, and, in Connection Therewith, Making an Appropriation, by Rep. Ed Vigil and Sen. Randy Baumgardner. The bill creates the Regional Center Depreciation Account to hold moneys for depreciation and capital construction.
  • HB 15-1337 – Concerning Placement Stability for Children, by Rep. Angela Williams and Sen. Linda Newell. The bill requires a court to consider all statutory factors when placing a child for foster care.
  • HB 15-1340 – Concerning an Extension of the Period During Which the Voluntary Contribution Designation Benefiting the Colorado Multiple Sclerosis Fund will Appear on the State Individual Income Tax Return Form, by Reps. Faith Winter & Perry Buck and Sens. Beth Martinez Humenik & Linda Newell. The bill extends the Colorado Multiple Sclerosis Fund check-off through 2021.
  • HB 15-1345 – Concerning an Exemption from Certain Traffic Requirements for the Riders of a Three-Wheel Low-Speed Motorcycle, by Rep. Paul Rosenthal and Sen. Tim Neville. The bill exempts motorcyclists who ride low-speed three-wheeled motorcycles from requirements of licensure and eye protection.
  • HB 15-1366 – Concerning the Expansion of the Colorado Job Growth Incentive Tax Credit to Allow Credits for Businesses that Enter Into a Qualified Partnership with a State Institution of Higher Education, and, in Connection Therewith, Making an Appropriation, by Reps. Dan Pabon & Yeulin Willett and Sen. David Balmer. The bill allows the job growth incentive tax credit to be refundable under certain conditions.
  • HB 15-1387 – Concerning the Elimination of the Authorized Transfer of Medical Marijuana to Retail Marijuana at the Time that a Retail Marijuana Establishment License Becomes Effective, by Reps. Dan Pabon & Bob Rankin and Sens. Pat Steadman & Kent Lambert. The bill prohibits a medical marijuana facility with a retail marijuana license from transferring any of its medical marijuana to the retail establishment.
  • SB 15-192 – Concerning the Provision of a Therapeutic Alternative Drug Selection to Patients Residing in Certain Long-Term Care Facilities, by Sen. Irene Aguilar and Rep. Janak Joshi. The bill allows licensed pharmacists to provide therapeutic alternate drug selections to patients in nursing care facilities and long-term acute care hospitals if certain conditions are met.
  • SB 15-209 – Concerning an Amendment to Specified Statutes Governing the Management of the Financial Affairs of a Unit Owners’ Association Under the “Colorado Common Interest Ownership Act” so as to Exempt Communities in Which a Majority of Units Designated for Residential Use are Time Share Units, by Sen. David Balmer and Rep. Angela Williams. The bill exempts certain timeshare communities from the definitions of “common interest community” and “homeowners’ association.”
  • SB 15-210Concerning Creation of the Title Insurance Commission, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Rep. Jeni James Arndt. The bill creates the Title Insurance Commission to serve as an advisory body to the Commissioner of Insurance.
  • SB 15-229 – Concerning the Creation of an Amyotrophic Lateral Sclerosis License Plate for Motor Vehicles, and, in Connection Therewith, Making an Appropriation, by Sen. Laura Woods and Reps. Janak Joshi & Diane Mitsch Bush. The bill creates an ALS license plate, available when the Rocky Mountain Chapter of the ALS Association receives 3,000 signatures of individuals committed to purchase the plate.
  • SB 15-262 – Concerning Updates to the Statutes Regulating Blanket Sickness and Accident Insurance, by Sen. Tim Neville and Rep. Angela Williams. The bill expands and clarifies the groups that may receive blanket accident and sickness insurance.
  • SB 15-267 – Concerning the Financing of Public Schools, and, in Connection Therewith, Making an Appropriation, by Sen. Owen Hill and Rep. Millie Hamner. The bill increases per-pupil funding for public schools to reflect inflation.
  • SB 15-270 – Concerning the Creation of the Office of the State Architect, and, in Connection Therewith, Adding Statewide Planning Responsibilities and Making and Reducing an Appropriation, by Sen. Kent Lambert and Rep. Bob Rankin. The bill creates the Office of the State Architect in law.
  • SB 15-271 – Concerning the Continuation of the Entities Charged with Representing the Interests of Certain Utility Consumers in Matters Heard by the Public Utilities Commission, by Sen. Jerry Sonnenberg and Rep. Jon Becker. The bill continues the Office of the Consumer Counsel and implements recommendations from the sunset review.
  • SB 15-278 – Concerning an Amendment to the Annual General Appropriation Act for the 2013-2014 Fiscal Year to Allow Unspent Moneys Appropriated for the Colorado State Capitol Dome Restoration Project to be Used for the Next Planned Phase of the Colorado State Capitol Restoration, by Sens. Kent Lambert & Pat Steadman and Rep. Millie Hamner. The bill allows the Department of Personnel and Administration to use moneys from the capitol restoration project on other projects.
  • SB 15-281 – Concerning Parent Engagement in Institute Charter Schools, by Sen. Owen Hill and Rep. Tracy Kraft-Tharp. The bill requires charter schools, rather than the Charter School Institute, to hold meetings regarding school priority implementation.
  • SB 15-283 – Concerning Debt Collection Proceedings, and, in Connection Therewith, Increasing the Scope and Value of Assets that may be Exempted, Clarifying Definitions of “Earnings”, and Specifying the Procedure for Service of Notice of Exemption and Pending Levy in Certain Garnishment Proceedings, by Sen. Laura Woods and Rep. Pete Lee. The bill modifies exemptions and procedures in certain debt collection actions.
  • SB 15-202 – Concerning the Regulation of Water Conditioning Appliances Pursuant to the Plumbing Code, by Sen. David Balmer and Rep. Dan Pabon. The bill creates three new categories of registered water conditioners.
  • HB 15-1301 – Concerning the Creation of a Credit for Tobacco Products that a Distributor Ships or Transports to an Out-of-State Consumer, and, in Connection Therewith, Creating the “Cigar On-Line Sales Equalization Act” and Making an Appropriation, by Rep. Angela Williams and Sens. Kevin Grantham & Owen Hill. The bill creates a credit against tobacco excise tax equal to Colorado excise taxes paid on tobacco products other than cigarettes sold by a distributor to an out-of-state consumer.

In addition to the bills signed Friday, the governor allowed three bills to become law without a signature. These bills are also summarized here.

  • HB 15-1316 – Concerning a Simplification of the Process by which the Public Utilities Commission may Issue a Certificate to Provide Taxicab Service in Certain Metropolitan Counties, by Reps. Steve Lebsock & Dan Thurlow and Sens. Owen Hill & Jessie Ulibarri. The bill changes the prerequisites for an applicant seeking authorization to provide taxicab service within certain counties.
  • SB 15-067 – Concerning an Increase in the Class of Offense for Certain Acts of Assault Against Persons Engaged in Performing their Duties as Emergency Responders, by Sen. John Cooke and Rep. Janak Joshi. The bill raises the classification for assault of a first responder to assault in the second degree.
  • SB 15-290 – Concerning Creation of the Colorado Student Leaders Institute, And, In Connection Therewith, Making an Appropriation, by Sen. Nancy Todd and Rep. Jim Wilson. The bill creates the Colorado Student Leaders Institute, a competitive summer residential education program for high school students.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Tenth Circuit: Fourth Amendment Rights are Personal and Cannot be Asserted Vicariously to Benefit Defendant

The Tenth Circuit Court of Appeals issued its opinion in United States v. Paetsch on Wednesday, April 8, 2015.

On Saturday, June 2, 2012, a masked and armed man robbed a Wells Fargo bank in Aurora, Colorado. One of the stacks of money he grabbed contained a GPS tracking device. Seconds after the robber took the money from the teller’s drawer, it began sending a silent signal to the Aurora Police Department, which allowed the police to follow the device’s movement on a computer monitor to within a 60-foot radius. Soon after the robbery, police began dispatching field officers based on the tracking device. Following the signal’s movements, police determined the device was in a car in traffic and was stopped at a traffic signal. Police who arrived on the scene blocked the intersection so that 20 cars that were stopped at the light could not leave.

Because the responding officers did not know the robber’s physical appearance, they called an FBI task force to get a homing beacon that would narrow the range of the tracking device’s alert to 10 feet. Before the FBI agent arrived with the beacon, officers had removed the sole occupants from two of the cars near the back of the 20 because they were behaving suspiciously, including defendant Christian Paetsch. They removed the sole occupant from a third car for tactical reasons. It had been about 30 minutes since the intersection was blocked.

Approximately one hour after the intersection was blocked, the FBI agent arrived with the beacon, but he did not know how to operate it correctly. Nevertheless, it gave a weak signal at Paetsch’s vehicle. Officers then cleared every car of its occupants and did a “secondary search,” looking through car windows. This secondary search revealed a money band in Paetsch’s car. Shortly thereafter a state trooper who knew how to use the beacon arrived and quickly got a strong signal from inside Paetsch’s car. Officers searched Paetsch’s car and found $22,956 cash, two handguns, boxes of ammunition, a mask, a wig, a pair of gloves, an empty air horn package, two fake license plates, and the GPS tracking device.

Paetsch was indicted on two counts: armed bank robbery and brandishing a firearm in relation to a crime of violence. Paetsch moved to suppress statements made to police and the evidence seized from his car, arguing the initial stop was unconstitutional because police lacked individualized suspicion that any person at the intersection had committed a crime, and that the stop violated his Fourth Amendment rights because the intrusion on individuals’ interest outweighed the government’s interest. After a three-day hearing, the district court granted suppression of statements Paetsch made after invoking his right to an attorney but denied the motion to suppress evidence from Paetsch’s car. Paetsch conditionally pleaded guilty, reserving the right to appeal the denial of the suppression order.

On appeal, Paetsch argued the barricade was unreasonable at its inception, unreasonable in its duration, and unreasonable in the means used to carry it out. The Tenth Circuit determined the stop was reasonable at its inception because it was appropriately tailored to catch a fleeing bank robber. Although police lacked individualized suspicion of a particular person, it was reasonable for law enforcement to barricade the intersection since they knew the stolen money was in a car idling at the intersection. The Tenth Circuit further found justification in the stop because police knew an armed bank robber was at the intersection and because the stop was effective in finding the bank robber. And, while the Tenth Circuit sympathized with the 29 innocent people detained before officers developed individualized suspicion of Paetsch, it determined that this intrusion on their liberty interests was reasonable and justified by the circumstances. The Tenth Circuit also declined to allow Paetsch to rely on the intrusion suffered by the 29 innocent car occupants, noting that to do so would “violate the principle that ‘Fourth Amendment rights are personal rights that cannot be asserted vicariously.'”

The Tenth Circuit similarly disagreed that the duration of the detention was unreasonable, finding the officers could only act on the information they had at the time. Because the officers knew the beacon would arrive “soon” and were concerned about the possibility of a high-speed chase should they allow all 20 cars to leave, it was not unreasonable for the officers to wait until the beacon and a suitable user arrived.

The Tenth Circuit affirmed the district court’s denial of Paetsch’s motion to suppress. Chief Judge Briscoe concurred with the result but disagreed about how long it took police to develop individualized suspicion of Paetsch.

Tenth Circuit: Unpublished Opinions, 6/8/2015

On Monday, June 8, 2015, the Tenth Circuit Court of Appeals issued one published opinion and no unpublished opinions.

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