November 15, 2018

Archives for October 17, 2018

Colorado Supreme Court: Totality of Circumstances, Including Drug Dog’s Alert, Provided Probable Cause for Car Search

The Colorado Supreme Court issued its opinion in People v. Bailey on Monday, October 15, 2018.

Searches and Seizures—Probable Cause—Search Without Warrant—Odor Detection—Use of Dogs.

In this interlocutory appeal, the supreme court considered whether the trial court erred in ruling that state troopers lacked probable cause to search defendant’s car when they placed Mason, a narcotics-detecting dog, inside the car to sniff around. The court held that the totality of the circumstances, including Mason’s alert to the odor of narcotics while sniffing the exterior of defendant’s car, provided the troopers with probable cause to search the car. The fact that Mason’s alert was not a final indication did not render it irrelevant to the troopers’ probable cause determination. Therefore, the court reversed the trial court’s order suppressing evidence collected by the troopers during a subsequent hand search of the car.

Summary provided courtesy of Colorado Lawyer.

Colorado Supreme Court: Unique Facts of Case Permit Use of Self-Defense Instruction for Robbery of Taxi Services

The Colorado Supreme Court issued its opinion in People v. DeGreat on Monday, October 15, 2018.

Self-Defense—Aggravated Robbery—Jury Instructions—Affirmative Defenses.

This case required the supreme court to decide whether a division of the court of appeals erred in concluding that the statutory right to self-defense can apply to justify a defendant’s robbery of taxi cab services. On the unique facts presented, the court concluded that the division correctly determined that defendant was entitled to a self-defense instruction as to the aggravated robbery charge, although the court’s reasoning differed from that on which the division relied. The court concluded that defendant presented some credible evidence to allow a reasonable jury to conclude that the robbery of services that he allegedly committed was committed in self-defense. Accordingly, the court affirmed the division’s judgment, albeit based on different reasoning.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 10/16/2018

On Tuesday, October 16, 2018, the Tenth Circuit Court of Appeals issued two published opinions and four unpublished opinions.

Rahimi v. Sweat

United States v. Martinez

United States v. Foy

Lamar v. O’Dell

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