2015 COA 158
Colo. Ct. App.2015Background
- In June 2009 police stopped Timothy Parks for fictitious/expired license registration; he was the sole occupant of a van, produced a revoked license, and admitted no insurance/registration.
- Officers called a tow and, pursuant to Littleton Police Department policy, conducted an inventory of the impounded vehicle.
- During the inventory an officer opened a soft-sided cooler behind the driver’s seat and discovered methamphetamine, drug paraphernalia, a scale, and other items; Parks was arrested and charged with drug, traffic, and multiple habitual criminal counts.
- Parks moved to suppress the evidence from the cooler, arguing the opening violated article II, §7 of the Colorado Constitution even if it complied with the Fourth Amendment. The trial court denied suppression, finding the search followed a standardized policy and was not in bad faith.
- A jury convicted Parks; the trial court also found him an habitual criminal and imposed mandatory enhanced sentencing. Parks appealed, arguing state-constitutional protection for inventory searches exceeds federal protection and contesting the constitutionality of Colorado’s habitual criminal procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/scope of inventory search under Colorado Constitution | State may admit evidence if inventory complied with standardized policy and no bad faith | Parks: Colorado Constitution (Counterman) affords greater protection; sealed container cannot be opened absent danger/value | Court held Colorado Constitution is coextensive with federal law for inventory searches; opening sealed container permissible if done under standardized policy and without bad faith |
| Effect of Counterman on state vs. federal analysis | State relies on later Colorado Supreme Court cases interpreting Counterman in light of federal law | Parks: Counterman established a distinct, broader state protection for sealed containers | Court concluded Counterman did not establish a departure from federal law; later cases (Pineda, Vissarriagas, Vaughn) treat state and federal standards as coextensive |
| Application of inventory-rule facts to this case | State: officer followed department policy; no bad faith; suppression properly denied | Parks: cooler was a closed container and opening violated article II, §7 | Court affirmed: record supports finding of standardized policy compliance and no bad faith, so evidence admissible |
| Constitutionality of Colorado habitual-criminal procedures | State: prior-conviction adjudications and enhanced sentencing procedures constitutional under precedent | Parks: enhanced sentence procedure violates Apprendi, due process, and jury-trial rights | Court rejected challenge, following controlling Colorado appellate precedent upholding prior-conviction exception to Apprendi |
Key Cases Cited
- People v. Counterman, 556 P.2d 481 (Colo. 1976) (sealed knapsack opened during inventory; court found search impermissible under circumstances)
- Bertine v. California, 479 U.S. 367 (U.S. 1987) (inventory searches pursuant to standardized policy are reasonable absent bad faith)
- Pineda v. People, 230 P.3d 1181 (Colo. 2010) (Colorado Supreme Court upheld opening of container during inventory where standardized policy followed and no bad faith)
- People v. Inman, 765 P.2d 577 (Colo. 1988) (noting Counterman is no longer valid under intervening federal precedent and leaving open state/federal divergence question)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (principles governing judicial factfinding that increases prescribed sentence)