Francen v. Colorado Department of Revenue, Division of Motor Vehicles
328 P.3d 111
Colo.2014Background
- Francen’s license was revoked after a police stop for DUI-related evidence; BAC 0.115; officer provided notice of revocation and DMV affidavit for hearing.
- District court reversed, finding the initial stop lacked reasonable suspicion.
- Court of appeals reversed district, ruling initial contact legality irrelevant to the revocation proceeding and excluding the BAC evidence was not required.
- This Court held that in 2011 statute, ‘probable cause’ refers to evidence to sustain revocation, not legality of initial contact.
- Court also held the exclusionary rule does not apply to DMV revocation proceedings due to inter-sovereign conduct and the civil nature of the proceeding.
- Dissent argued legislative history supports allowing suppression and that the new 2013 amendment would alter the result, but was not applicable to this case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of probable cause in revocation | Francen: initial stop legality should matter | Department/Francen: probable cause governs revocation evidence only | Probable cause governs revocation evidence, not initial stop legality |
| Exclusionary rule applicability | Francen: exclude illegally obtained BAC evidence | DMV system: exclusionary rule not applicable | Exclusionary rule inapplicable in license revocation proceedings |
| Inter- vs intra-sovereign conduct | Francen: conduct could be intra-sovereign | Conduct is inter-sovereign, deterrent balanced | Proceeding is inter-sovereign; deterrence not outweighed by societal costs |
Key Cases Cited
- People v. Brown, 217 P.3d 1252 (Colo.2009) (relevance of stop legality to arrest)
- Kirke v. Colo. Dep’t of Rev., 743 P.2d 16 (Colo.1987) (probable cause standard for revocation; reasonableness)
- Ahart v. Colo. Dep’t of Corr., 964 P.2d 517 (Colo.1998) (exclusionary rule in civil/agency proceedings; inter/intra-sovereign)
- Peterson v. Tipton, 833 P.2d 830 (Colo.App.1992) (probable cause implied for lawful testing)
- Baldwin v. Huber, 223 P.3d 150 (Colo.App.2009) (reasonable suspicion standard for initial stop)
- Wallace v. Dep’t of Revenue, 787 P.2d 181 (Colo.App.1989) (initial stop legality in revocation context)