May 25, 2019

Colorado Supreme Court: Exclusionary Rule Correctly Applied to Suppress Results of Illegal Collection of Juvenile’s DNA

The Colorado Supreme Court issued its opinion in Casillas v. People on Monday, September 24, 2018.

Evidence—Searches and Seizures—Exclusionary Rule.

In this criminal appeal, the supreme court reviewed whether the exclusionary rule required the suppression of evidence derived from a juvenile probation officer’s unauthorized collection of DNA from a juvenile in violation of C.R.S. § 19-2-925.6 and the Fourth Amendment. The court held that (1) juvenile probation officers are properly considered adjuncts to law enforcement; (2) the officer’s collection of the juvenile’s DNA for uploading to CODIS served an inherent law enforcement function; (3) nothing in the record suggests the officer conducted the buccal swab search in reliance on misinformation provided by a third party; and (4) the unlawful search here was not based on a reasonable misinterpretation of the law. Because suppression would have a deterrent effect by removing incentives to collect DNA from ineligible juvenile offenders, the court held that suppression was warranted. Accordingly, the court reversed the court of appeals’ judgment and remanded the case with instructions to vacate petitioner’s conviction.

Summary provided courtesy of Colorado Lawyer.

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