2018 CO 35
Colo.2018Background
- On Nov. 2, 2016, Denver Officer Damian Phillips on bicycle patrol approached two pedestrians at ~10 p.m.; he noticed the male (Bobby Taylor) holding something and asked what was in his hand.
- As the officer stopped and straddled his bike a few feet in front/left of the pair, Taylor closed his fist and then dropped two rocks onto the sidewalk; officer suspected crack cocaine.
- Officer Phillips placed Taylor in custody about 15 seconds after first observing him and subsequently charged Taylor with possession of a controlled substance.
- Taylor moved to suppress the drugs and the officer’s observation, arguing he had been "seized" without reasonable suspicion at the moment the officer blocked his path.
- The trial court granted suppression, finding the encounter nonconsensual because the officer blocked Taylor, approached aggressively, and Taylor could not reasonably leave; the People appealed interlocutorily.
- The Colorado Supreme Court reviewed body-camera footage and concluded Taylor had not been seized when he dropped the drugs; evidence abandoned prior to seizure is admissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor was "seized" before he abandoned the drugs | The People: no seizure occurred until after Taylor dropped drugs and was handcuffed; therefore evidence is admissible | Taylor: was seized when officer straddled bike and blocked his path, so the subsequent observation and seizure lacked reasonable suspicion | Court held Taylor was not seized when he dropped the drugs; suppression reversed |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (abandonment before seizure is not fruit of seizure)
- United States v. Mendenhall, 446 U.S. 544 (consensual encounter vs. seizure—person must feel free to leave)
- People v. Fields, 411 P.3d 661 (Colo. 2018) (show of authority and weapon display considerations in seizure analysis)
- People v. Marujo, 192 P.3d 1003 (distinguishes consensual encounters from investigatory stops; factors to assess whether person felt free to leave)
- People v. Madrid, 179 P.3d 1010 (deference to trial court factual findings; de novo review where facts undisputed or recorded)
- Johnson v. People, 465 P.2d 128 (abandoned evidence not fruit of unlawful seizure)