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Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search
by Dale Chappell
The Supreme Court of Colorado held that the burden of proof in determining whether a person voluntarily consented to a warrantless search is a preponderance of the evidence, rather than the higher clear and convincing evidence standard, thereby clarifying a misapplication by the lower courts over the ...
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More from this issue:
- Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
- New App Makes It Simple for Civilians to Record Police Encounters
- Sex Offender Registration Biased Against Blacks, by Kevin Bliss
- Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
- $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
- ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
- Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
- Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
- Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
- Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
- Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
- FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
- Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
- Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
- Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
- Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
- Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
- Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
- Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
- First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
- Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
- Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
- Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
- Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
- New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
- Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
- California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
- Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
- Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
- Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
- Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
- Should the Minimum Age for the Death Penalty be Bumped Up to 21?
- Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
- Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
- Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
- News in Brief
- Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis
More from Dale Chappell:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
More from these topics:
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023. Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons.
- Federal Judges Beginning to Reject Geofence Warrants, Nov. 15, 2020. Search warrants, Police State-Surveillance, Electronic Surveillance.
- Warrant Gives Police Access to DNA Database, March 18, 2020. DNA Testing/Samples, Search warrants.
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, March 18, 2020. Search warrants, Police, Fourth Amendment, rights.
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, Feb. 18, 2020. Search warrants.
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, Jan. 21, 2020. Search warrants, Double jeopardy.
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, Jan. 18, 2020. Search warrants.
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, Aug. 21, 2019. Searches, Search warrants.
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, June 17, 2019. Searches, Computer Searches, Search warrants, Internet.
