Colorado Unconstitutional Search
The attorneys at the Law Offices of Clifton Black, PC, were successful in our Motion to Suppress Evidence as a result of an unconstitutional search. As a result, the district attorney’s office dismissed our client’s criminal charges, and our client’s record was sealed in court the same day!
Through an extensive review of case discovery and open communication with his client, our experienced attorneys weeded through hours of body cam footage, police reports, and lab reports to clear the client’s name and prevent him from felony charges that would have impacted him for the rest of his life. Our defense team drilled the prosecutor’s expert witness, a former police officer, to pinpoint the inconsistencies in their testimony and show the court how the client’s Constitutional Rights were violated. We showed the Court through case law that the Court, based on the facts of the case, must dismiss the charges against our client.
- “The Fourth Amendment to the United States Constitution and Article II, section 7 of the Colorado Constitution provide that the people shall be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and thus proscribe all unreasonable searches and seizures.” People v. Wright 804 P.2d 866, 869 (Colo. 1991).
- “Under the Fourth Amendment to the United States Constitution and Article II, section 7 of the Colorado Constitution, warrantless searches are per se unreasonable unless they fall under a specifically established and well-delineated exception to the warrant requirement.” People v. Taylor, 296 P.3d 317, 321 (COA 2012) (citing City of Ontario v. Quon 560 U.S. 746 (2010)).
- “The burden of proof, however, always remains with the prosecution to establish that a warrantless search falls within one of the narrowly defined exceptions to the warrant requirement.” People v. Syrie, 101 P.3d 219 (2004).
Additionally, we broke down the District Attorney’s argument of a medical exemption by proving the expert witness didn’t have cause for the unwarranted search as the defendant could not identify himself and did not provide permission for the search. Further, despite the lack of identification, the client was already receiving medical care.
- “The medical emergency exception will support a warrantless search of a person’s purse or wallet when the person is found in an unconscious or semi-conscious condition, and the purpose of the search is to discover evidence of identity and other information that might enhance the prospect of administering appropriate medical assistance to the person.” Wright at 869 (citing Mincey v. Arizona, 437 U.S. 385, 392-93 (1978)).
- “[The court] acknowledge[s] that there may be circumstances where an officer must make a warrantless search of a purse or wallet for information essential to the proper discharge of administrative responsibilities unrelated to the detection of crime.” Wright at 870.
- Performing a warrantless search for the discharge of administrative responsibilities “must be limited to those situations in which there is no reasonable alternative available to the officer.” Wright at 870-71 (emphasis added).
Finally, our defense team proved to the Court that since the client was never charged with a crime prior to or during the search, the evidence obtained in violation cannot be used against him.
- “Under [the exclusionary] rule, evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure.” United States v. Calandra, 414 U.S. 338, 347 (1974) (citing Weeks v. United States, 232 U.S. 384 (1914); Mapp v. Ohio, 367 U.S. 643 (1961)).
While this case was a massive win for the client and the Law Offices of Clifton Black, PC, the Court also questioned the actions of the prosecutor’s expert witness. The Court took it upon itself to question the officer and make its findings.
While not every search is unlawful, the Attorneys at the Law Offices of Clifton Black, PC, are knowledgeable and have experience finding the truth and fighting for their clients’ rights. If you have been charged with a crime in El Paso, Teller, or Pueblo County and would like to schedule a free consultation with one of our veteran defense attorneys, contact our office at (719) 328-1616. Our staff will be happy to assist you.
Why the Law Offices Clifton Black, PC?
- Proven Success: Our team has a history of successful outcomes in even the most complicated criminal cases. Trust the expert defense and win a dismissal.
- Client-Focused: We ensure open communication and responsiveness to our clients’ needs, keeping them informed every step of the way.
- Expert Legal Team: Excellent legal representation is built upon years of experience and a deep understanding of Colorado law.
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