2012 COA 179
Colo. Ct. App.2012Background
- Defendant Brent Berdahl appeals a conviction for possession of a schedule II substance (class six felony) and possession of drug paraphernalia (class two petty offense).
- The suppression issue centers on a pat-down of Berdahl conducted as he was being transported after assistance was offered by police.
- Officers encountered Berdahl during a cold, early-morning welfare/motorist-assist call and briefly patted him down before allowing him into a patrol car.
- A subsequent trooper pat-down yielded a drug pipe and a bag of methamphetamine paraphernalia; the girlfriend was not patted down.
- The trial court found the initial encounter consensual, but that the pat-down was justified to protect officer safety; the court relied on a “pat-down for weapons” rationale.
- The appellate court reverses, remanding for Magallanes-Aragon-based consent findings to determine if consent was voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down was reasonable under the circumstances. | People argue the pat-down was for officer safety in a routine assist. | Berdahl argues no reasonable suspicion or danger justified the pat-down. | Remand to determine voluntariness; pat-down not justified under law as conducted. |
| Whether Berdahl voluntarily consented to the pat-down. | People contend consent can justify the search under Magallanes-Aragon. | Berdahl contends consent was not voluntary given coercive circumstances. | Remand required to apply Magallanes-Aragon standards; if not voluntary, reversal on conviction. |
Key Cases Cited
- People v. Dandrea, 736 P.2d 1211 (Colo. 1987) (protective custody pat-downs; statutory context for officer safety)
- People v. Ratcliff, 778 P.2d 1371 (Colo. 1989) (pat-downs require reasonable basis to suspect armed and dangerous)
- Magallanes-Aragon, 948 P.2d 528 (Colo. 1997) (consent to search evaluated under totality of circumstances; clear and convincing burden on prosecution)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (voluntariness of consent; free and unconstrained choice standard)
- People v. Casias, 193 Colo. 66, 563 P.2d 926 (Colo. 1977) (Fourth Amendment reasonableness; stop-and-frisk framework)
- Taylor, 41 P.3d 681 (Colo. 2002) (reasonableness standard for police encounters; stop-and-frisk guidance)
- Ohio v. Robinette, 519 U.S. 33 (U.S. 1996) (case-by-case reasonableness; rejection of bright-line rules)