25SC676
Colo.
Jun 29, 2026

Brendan Daves, Petitioner v. Christopher Mosley, Respondent

No. 25SC676

Supreme Court of Colorado, En Banc

June 29, 2026

Court of Appeals Case No. 24CA79

Granted petition for writ of certiorari

Petition for Writ of Certiorari GRANTED.

[REFRAMED] Whether the plaintiff or defendant carries the burden of proving or disproving the constitutional validity of an officer‘s protective sweep of a vehicle in a civil case brought under C.R.S. § 13-21-131.

Whether a police officer defendant in a civil case has the burden of proving legal justification for a protective sweep of a vehicle as an affirmative defense, which shifts the burden of proof.

DENIED AS TO ALL OTHER ISSUES.