People v. Taylor
2012 COA 91
Colo. Ct. App.2012Background
- Undercover officers observed Taylor making gestures suggesting a drug transaction on the East Colfax corridor on November 20, 2008.
- Taylor directed the officers to park; a female approached his car and Investigator J.W. purchased $40 of crack cocaine from her; both were arrested.
- After arrest, Taylor’s cell phone was seized and a call log showed a recent call to the woman’s phone.
- Taylor was charged with distribution and conspiracy to distribute a controlled substance; after trial, he was convicted of conspiracy and the distribution count was dismissed after a deadlock.
- A suppression motion challenged the warrantless review of the cell phone’s call log; the trial court ruled the search lawful as incident to arrest and, alternatively, as plain view or exigent circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless search of the cell phone call log lawful? | People argued the log search was unlawful without a warrant. | Taylor argued the call log search exceeded permissible scope of a search incident to arrest. | Yes; the call log search was a lawful search incident to arrest. |
| Is entrapment instruction available when defendant denies committing the crime? | People contend entrapment instruction may be warranted given inducements. | Taylor contends entrapment instruction should be available despite denial. | No; entrapment instruction not available where defendant denies commission of the crime. |
| Did the trial court abuse its discretion in denying a challenge for cause to Juror J? | N/A | Taylor argues Juror J should have been excused for cause due to bias. | No; trial court did not abuse its discretion; Juror J could be fair and impartial. |
Key Cases Cited
- Robinson, 414 U.S. 218 (1973) (search incident to arrest broad rule recognizing arrestee search as valid authorizing full search of person)
- Edwards, 415 U.S. 800 (1974) (scope of search incident to arrest may extend beyond clothing to items on arrestee's person)
- Chadwick, 433 U.S. 1 (1977) (limits of immediate control for search incident to arrest)
- Gant, 556 U.S. 332 (2009) (limits vehicle searches incident to recent occupant's arrest)
- Syrie, 101 P.3d 219 (Colo. 2004) (burden on prosecution to justify warrantless search; narrow exceptions)