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CO: State good faith exception statute saved search unreasonable under Gant

By John Wesley Hall, Jr.

While the vehicle search violated Gant, the "technical violation" prong of the state good faith exception statute applied, so the search was not suppressed. People v. Key, 2010 Colo. App. LEXIS 361 (March 18, 2010): The trial court determined, and we agree, that the search of the car was permissible under our supreme court's pre-Gant jurisprudence. This major premise leads us to a minor premise: the officers who conducted the search acted reasonably in good faith when they relied on this jurisprudence. We complete this syllogism by concluding that, although Gant indisputably overrules our supreme court's jurisprudence in this area, in this case its effect is only to render the search a good-faith "technical violation" of the law, which means that the evidence remains admissible under section 16-3-308, C...continue to full post

Full post as published by Fourth Amendment on March 21, 2010 (boomark / email).