Tag: constitution
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Colorado Supreme Court concerned about police overreach in interrogations
Some members of the Colorado Supreme Court appeared hesitant on Tuesday to endorse the ability of police to interrogate a suspect after they have obtained a court order authorizing only the collection of physical evidence. Under Colorado’s criminal rules, law enforcement may obtain an order for “nontestimonial identification,” allowing them to pursue a person’s fingerprints, blood specimen,…
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Colorado justices weigh constitutionality of unique disclosure requirement for ballot measures
Members of the Colorado Supreme Court considered on Tuesday whether a unique feature of the state’s campaign finance system categorically violates the First Amendment by requiring the disclosure of a ballot measure committee’s legal representative on advertisements. No on EE — A Bad Deal for Colorado was an issue committee in 2020 that opposed Proposition EE,…
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10th Circuit provides guidance on police searches of cloud-based data
The Denver-based federal appeals court provided guidance to law enforcement agencies on Monday for ensuring that searches of cloud-based accounts comply with the Fourth Amendment’s requirements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit noted that a search of information stored in the cloud is “categorically different” from searching an…
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Federal judge finds no constitutional violation by Huerfano County well inspectors
A federal judge concluded last month that two Huerfano County employees did not engage in an unconstitutional search when they approached the plaintiffs’ camper within 40 feet to investigate a potential code violation. In July 2021, the county’s building inspector, Terry Sandoval, received a complaint about improper well construction on property designated for agricultural use.…
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Federal judge blocks evidence from Aurora police’s unconstitutional search
A federal judge ruled last month that prosecutors cannot use firearm evidence against a defendant because Aurora police searched him without having any reasonable basis to believe he was armed and dangerous. In evaluating the constitutionality of the search, U.S. District Court Senior Judge William J. Martínez noted that police officers were called to a…
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Colorado justices accept appeals on Netflix taxation, children pursuing neglect cases
The Colorado Supreme Court announced on Monday that it will decide whether Netflix subscriptions are subject to the state’s sales tax as “tangible personal property.” At least three of the court’s seven members must agree to hear an appeal. The justices also accepted cases that question whether a minor’s legal representative can pursue an appeal…
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Federal judge upholds constitutionality of Colorado campaign contribution limits
A federal judge upheld Colorado’s individual campaign contribution limits as constitutional on Thursday, finding that three Republican plaintiffs failed to prove the campaign finance framework violates their First Amendment rights. U.S. District Court Senior Judge John L. Kane recognized that Colorado’s limitations on individual contributions to state political candidates are among the lowest in the…
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Federal judge dismisses claims against medical contractor for Eagle County jail suicide
A federal judge dismissed the claims against a medical contractor for the Eagle County jail and its employees earlier this month, concluding there were insufficient allegations that they violated the constitutional rights of a man who died by suicide in custody. U.S. District Court Judge Philip A. Brimmer noted a doctor with Your Hope Center…
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Public figures have limited path to sue over accusations of criminality, says appeals court
Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Federal judge green-lights trial against Denver officer over race-based enforcement
A federal judge green-lit a jury trial last week on a man’s claim that a Denver police officer engaged in racially selective enforcement of the law by arresting him for video recording at a police station, while not arresting a White man who filmed in the same spot. U.S. District Court Judge Philip A. Brimmer…