2019 CO 88
Colo.2019Background
- Early-morning traffic stop of a Cadillac after failing to stop at a stop sign; driver Billie Allen and passenger Robert Cross were present.
- Cross made furtive movements; officers had prior information Cross might carry a handgun and deal meth.
- Allen could not produce registration or proof of insurance; claimed he was buying the car and was self-insured but had no documents.
- Officer Vaughn pat-frisked Cross and searched around the front passenger seat, recovering a live bullet; later officers removed Allen from the car, cited him, and allowed both occupants to leave the immediate scene.
- Officers decided to impound the Cadillac, performed an inventory before towing, and discovered a handgun under the driver’s floormat and methamphetamine in the center console.
- The district court suppressed the firearm and drugs; the People appealed interlocutorily and the Colorado Supreme Court affirmed suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of inventory search (community caretaking) | Officers properly impounded and inventoried the car under caretaking authority | Seizure and inventory were unreasonable without standardized impoundment criteria | Inventory search invalid — no evidence officers followed written or oral standardized criteria or policies, so exception inapplicable |
| Protective search for weapons | Protective search of passenger compartment justified by furtive movements and intelligence about Cross, and could continue even after occupants left | Protective search ended when occupants were released and the safety threat dissipated | Protective search unjustified at inventory time — occupants were released and not under control, threat had dissipated; Delacruz distinguished |
| Automobile exception (probable cause) | Totality of circumstances (furtive movement, prior intel, live bullet, driver’s admission re: felony status) gave probable cause to search for a gun | Facts pointed primarily to passenger (Cross); no evidence Cross was prohibited from possessing a gun; fair probability that gun in car was evidence of crime as to Allen lacking | Automobile exception not satisfied — no fair probability the car contained evidence of a crime by Allen (probable cause lacking) |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may conduct limited pat-down when reasonable, articulable suspicion suspect is armed and dangerous)
- Chimel v. California, 395 U.S. 752 (1969) (search incident to arrest limited to area within arrestee's immediate control)
- Michigan v. Long, 463 U.S. 1032 (1983) (protective search of passenger compartment allowed when officer reasonably believes occupant is dangerous and may access weapon)
- Colorado v. Bertine, 479 U.S. 367 (1987) (inventory searches reasonable when performed pursuant to standardized caretaking procedures)
- Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception permits warrantless search when probable cause exists and car is readily mobile)
- Pennsylvania v. Labron, 518 U.S. 938 (1996) (automobile exception does not require separate exigency if probable cause exists)
- Davis v. United States, 564 U.S. 229 (2011) (exclusionary rule’s purpose is deterrence of constitutional violations)
- Kentucky v. King, 563 U.S. 452 (2011) (warrant generally required; exceptions are well-delineated)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (Fourth Amendment reasonableness is the touchstone; exceptions narrow)
- People v. Brown, 415 P.3d 815 (Colo. 2018) (community caretaking inventory-search principles under Colorado law)
- People v. Delacruz, 384 P.3d 349 (Colo. 2016) (protective searches may persist in some post-removal circumstances where risk remains)
- People v. Zuniga, 372 P.3d 1052 (Colo. 2016) (automobile exception requires probable cause)
- People v. Bailey, 427 P.3d 821 (Colo. 2018) (probable cause analysis uses totality of circumstances and practical common-sense standard)