August 14, 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.

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