2014 CO 55
Colo.2014Background
- Hanson’s license was revoked after he refused a blood test following a DUI investigation.
- The arresting trooper obtained a revoked license notice after requesting a blood test under Colorado’s expressed consent law.
- Hanson sought a hearing and subpoenaed Deputy Ashby; Ashby did not appear, but his report was admitted.
- The hearing officer upheld revocation, finding exigent circumstances justified Ashby’s entry into Hanson’s home.
- Courts below affirmed, holding exclusionary rule does not apply to driver’s license revocation proceedings.
- Francen decision later clarified that probable cause relates to revocation notice quality, not the legality of initial police contact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of probable cause for revocation | Hanson argued initial contact legality mattered | Hanson relied on Francen and related standards | Probable cause is about revocation notice quality, not initial contact |
| Exclusionary rule applicability | Exclusionary rule should apply to suppress Ashby’s report | Exclusionary rule does not apply to revocation proceedings | Exclusionary rule inapplicable in revocation proceedings |
| Admissibility of Ashby’s report | Ashby’s warrantless entry taints evidence | Record supports inter-sovereign, non-quasi-criminal process | Ashby’s report admissible; does not require suppression |
| Legality of initial encounter relevant to revocation | Initial contact legality should be defense | Irrelevant to revocation outcome | Initial encounter legality deemed irrelevant to revocation |
Key Cases Cited
- Francen v. Colo. Dep't of Revenue, 328 P.3d 111 (2014 CO 54) (probable cause relates to revocation notice; exclusionary rule may be inapplicable)
- Ahart v. Colo. Dep't of Corr., 964 P.2d 517 (Colo. 1998) (deterrence and when exclusion applies in quasi-criminal context)
- United States v. Janis, 428 U.S. 433 (1976) (deterrence considerations in exclusionary rule analysis)
- Colo. Dep't of Revenue v. Kirke, 748 P.2d 16 (Colo. 1987) (standards for revocation proceedings and probable cause)
- Harfmann, 638 P.2d 745 (Colo. 1981) (bad faith or conscience-shocking conduct may warrant exclusion)
- People v. Allison, 86 P.3d 421 (Colo. 2004) (Fourth Amendment considerations in enforcement context)